February 17, 2023
A wetland reduced by drought conditions is seen in a pasture near Gackle, North Dakota, U.S., July 30, 2021. Picture taken July 30, 2021. REUTERS/Dan Koeck
Feb 16 - West Virginia and 23 other Republican-led states sued the federal government on Thursday, alleging the Biden
administration’s rule establishing protections for seasonal streams and
wetlands under a landmark environmental law violates the U.S. Constitution and
sows confusion for landowners.
The lawsuit filed in North Dakota federal court seeks to stop
the rule, which defines which of the so-called "Waters of the United
States" are regulated under the Clean Water Act, from taking effect next
month.
Finalized in December, the rule protects
waterways that have a “significant nexus” to navigable U.S. waters – a standard
that ranchers, developers and other industry groups have said is overly broad
and creates burdensome permitting and regulatory hurdles.
"This is a textbook case of federal overreach," said
Patrick Morrisey, West Virginia's attorney general, during a press conference.
The EPA didn't immediately respond to a request for comment
Thursday.
The lawsuit is the latest front in the protracted battle over
the scope of the Clean Water Act and what waterways the federal government has
the authority to regulate.
Texas and industry groups led by the American Farm Bureau
Federation filed separate lawsuits last month challenging the rule. Previous
efforts by the Obama and Trump administrations to define the law's scope also
faced numerous legal challenges.
The Biden administration rule would protect wetlands and
seasonal streams, not just permanent waterways like the rivers and lakes they
feed into. Those smaller waterways were largely eliminated from protections by
a Trump administration rule.
The Biden administration signaled its
intent to replace that rule in June 2021. EPA Administrator Michael Regan said
then that the narrower Trump-era approach was particularly impactful in arid
states like New Mexico and Arizona, where nearly every one of the seasonal
1,500 streams lost protections.
The Trump-era rule had been vacated by
an Arizona federal court in August 2021, which restored previous standards
while the Biden administration worked on its changes.
The case is State of West Virginia et al. V. U.S. Environmental
Protection Agency et al., U.S. District Court for the District of North
Carolina, case No. 3:23-cv-00032.
For the states: West Virginia Attorney General Patrick Morrisey,
Solicitor General Lindsay See and Senior Deputy Solicitor General Michael
Williams
For the EPA: Counsel not immediately available
https://www.reuters.com/legal/24-republican-led-states-sue-biden-administration-over-water-regulations-2023-02-16/
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