A legal challenge to the new Waters of the United States (WOTUS) rule has been filed by a coalition of agricultural and other business organizations. The WOTUS lawsuit has been filed in the Federal District Court in the Southern District of Texas. A total of 18 organizations filed the complaint aimed at blocking the rule that was published by the U.S. Environmental Protection Agency on December 30.
“The new rule is vague and creates uncertainty for America’s farmers, even if they’re miles from the nearest navigable water,” said American Farm Bureau Federation (AFBF) President Zippy Duvall. “We believe a judge will recognize these regulations exceed the scope of the Clean Water Act, and direct EPA to develop rules that enable farmers to protect natural resources while ensuring they can continue stocking America’s pantries.”
Plaintiffs in the WOTUS lawsuit include AFBF, the National Cattlemen’s Beef Association (NCBA), Public Lands Council, and National Pork Producers Council. In the legal complaint, the groups assert that their members “will constantly be at risk that any sometimes-wet feature on their property will be deemed WOTUS by the Agencies using vague and unpredictable standards—making normal business activities in that area subject to criminal and civil penalties.” The new rule was officially published in the Federal Register on January 18, which immediately prompted the filing of the lawsuit.
NCBA Chief Counsel Mary-Thomas Hart said that the new WOTUS rule is “an attack on farmers and ranchers” and questioned the timing of its release. The Supreme Court recently heard oral arguments in a case centered on the WOTUS rule. “NCBA is also concerned that the EPA charges headfirst on a controversial rulemaking while this very issue is currently before the Supreme Court. We look forward to a decision in Sackett v. EPA,” said Hart. A decision for that case is expected to be made sometime in early 2023.
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