WOTUS rule postponed nationwide

Here’s a conversation on the 6th Circuit Court of Appeals staying the implementation of the controversial Waters of the US Rule (WOTUS):

 

WOTUS

The EPA’s implementation of the Waters of the US Rule was stayed nationwide by the 6th Circuit Court of Appeals today. (Photo from alaskapolicyforum.org)

The Sixth Circuit has just stayed the Waters of the United States (WOTUS) rule nationwide, by a 2-1 vote, until it determines whether it has jurisdiction over the petitions for review.  The majority found a substantial possibility of success on both merits grounds (that the rule does not comport with even Justice Kennedy’s Rapanos opinion) and procedural grounds (that significant changes in the rule were never put to notice and comment).

The order is, “The Clean Water Rule is hereby STAYED, nationwide, pending further order of the court.”

A stay has the same practical effect as an injunction – it prevents the EPA/Corps from implementing the rule.

Expect the stay to last until the 6th Circuit makes a decision regarding the jurisdictional issue, which is expected sometime in November.

Here’s the link to the story on KLGR radio’s website:

http://www.myklgr.com/2015/10/09/6th-circuit-court-stays-wotus-rule-nationwide/

Here’s a video from the Kansas Farm Bureau featuring Paul Schlegel, the Director of Environment and Energy Policy at the American Farm Bureau Federation in Washington, D.C.