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.

 

Minnesota Farm Bureau asks for support of S.1140

Stop EPA’s Waters of the U.S. Rule

“On August 28, the Environmental Protection Agency (EPA) will have control over citizen’s land and a federal permit will likely be required in order to conduct any activity on land that causes any material to be deposited onto a regulated low spot, wetland or ditch (for example, applying fertilizer, applying pest control products or even just moving dirt) or face significant fines,” said Minnesota Farm Bureau Federation President Kevin Paap. “EPA is overreaching their authority, and we need your help to stop them.”

Farm Bureau Federation

The Minnesota Farm Bureau Federation wants citizens to contact their Senators to tell them to put a halt to the EPA’s Waters of the US Rule. (photo from fbmn.org)

“Contact Senator Klobuchar and Senator Franken and ask them to support S. 1140, the Federal Water Quality Protection Act, which will stop the EPA from implementing the final rule and re-propose a rule that actually follows the limits set by Congress and affirmed by the Supreme Court,” said Paap.

“The final rule is even broader and more unclear than we thought it could be. One major concern is the expanded definition of tributaries,” said Paap. “Any land feature with the ‘presence of physical indicators of a bed, bank and ordinary high water mark’ would be considered a ‘tributary,’ and therefore a Waters of the U.S., even if there is no water there.”

“In addition, EPA and the Army Corps of Engineers can use ‘desktop tools’ (e.g. LIDAR, aerial photography and NRCS Soil Surveys) or base it on past conditions rather than current conditions to make a determination on whether or not you will need a federal permit,” said Paap. “It will be impossible for landowners to know which ditches are excluded.”

Kevin Paap

Farm Bureau President Kevin Paap is encouraging farmers and other Minnesotans to call their Senators and ask them to put a stop to the EPA’s Waters of the US Rule. (photo from twitter.com)

“With just a few weeks until this rule goes into effect, we need the Senate to pass S. 1140 as soon as possible. That means you need to act now,” said Paap. “Go to fbmn.org to send a message to Senator Klobuchar and Senator Franken. Every voice counts!”

Minnesota Farm Bureau representing Farmers • Families • Food is comprised of 78 local Farm Bureaus across Minnesota. Members make their views known to political leaders, state government officials, special interest groups and the general public. Programs for young farmers and ranchers develop leadership skills and improve farm management. Promotion and Education Committee members work with programs such as Ag in the Classroom and safety education for children. Join Farm Bureau today and support our efforts to serve as an advocate for rural Minnesota, www.fbmn.org.

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For more information on the Minnesota Farm Bureau log onto www.fbmn.orgwww.Facebook.com/MNFarmBureau or www.Twitter.com/MNFarmBureau.