Court to consider consolidation of Clean Water Rule cases as it takes effect
August 28, 2015 |03:54 PM
As the Obama administration today began enforcement of the Clean Water Rule in all states except the 13 that won a preliminary injunction against the rule on Thursday, the United States Judicial Panel on Multidistrict Litigation announced that it will hold a hearing this fall on the federal government’s request to consolidate the lawsuits against the rule in the U.S. District Court for the District of Columbia.
The hearing on the Clean Water Rule and other cases will be held October 1 in the Daniel Patrick Moynihan U.S. Courthouse Ceremonial Courtroom No. 9C, 9th floor, at 500 Pearl St. in New York City.
State attorneys general and farm and business groups oppose the move to consolidate the suits on the grounds that this would more likely lead to the U.S. Supreme Court deciding the case, Politico reported.
Judge Ralph Erickson of the U.S. District Court for North Dakota granted the preliminary injunction on a case brought by Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.
EPA said the ruling covered only those states, and that it would begin enforcement in the rest of the country.
Reacting to the ruling, Sen. John Hoeven, R-N.D., noted that he had worked to pass a provision in the Senate Interior Appropriations bill in June that would prohibit the EPA from implementing the regulation, and that he favors legislation to require EPA to rescind the rule and start over with more input from stakeholders.
Sen. John Boozman, R-Ark., said the ruling is “an important first step in the legal battle.”
“During my agriculture tour last week, Arkansans regularly spoke of the devastating effects WOTUS would have on their personal property rights,” Boozman said.
“They see this as yet another abuse of executive authority by President Obama. Arkansans don’t need bureaucrats in Washington telling them how to use their land. We can do this best by protecting the role of states, local communities and private citizens to be a part of the process, instead of giving all power to Washington.”
Although the injunction does not apply to Kansas because that state filed its suit in the U.S. District Court for the Southern District of Georgia, Senate Agriculture Committee Chairman Pat Roberts, R-Kan., said in a statement that the North Dakota judge's ruling “is great news for parts of agriculture and rural America.”
“I have been opposed to this ridiculous rule from its inception,” Roberts said.
Referring to the rule by the acronym for its previous name, the Waters of the United States rule, Roberts said “The WOTUS rule is nothing but a land grab under the guise of the Clean Water Act, and I’ll continue to keep fighting the good fight to push back against EPA’s federal overreach.”
National Corn Growers Association President Chip Bowling said today, “It is EPA’s view that this injunction only applies to the 13 states that filed the request. We believe EPA is incorrect. It certainly wouldn’t be the first time.”
“Whether the injunction applies to 13 states or all 50, the WOTUS rule will have serious consequences for every farmer and rancher in America,” Bowling said. “It must not be allowed to stand.”
“From the beginning, we have asked for a rule that provides farmers with clarity and certainty about their responsibilities under the Clean Water Act. Instead, what we got was less clarity and less certainty – along with more paperwork, more permits, and more hassle.”
National Association of Wheat Growers President Brett Blankenship said, “This decision provides breathing room for grower concerns to be discussed in the courts without enforcement of the Environmental Protection Agency’s draconian new rule hanging over the heads of our nation’s family farmers.”
The hearing on the Clean Water Rule and other cases will be held October 1 in the Daniel Patrick Moynihan U.S. Courthouse Ceremonial Courtroom No. 9C, 9th floor, at 500 Pearl St. in New York City.
State attorneys general and farm and business groups oppose the move to consolidate the suits on the grounds that this would more likely lead to the U.S. Supreme Court deciding the case, Politico reported.
Judge Ralph Erickson of the U.S. District Court for North Dakota granted the preliminary injunction on a case brought by Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.
EPA said the ruling covered only those states, and that it would begin enforcement in the rest of the country.
Reacting to the ruling, Sen. John Hoeven, R-N.D., noted that he had worked to pass a provision in the Senate Interior Appropriations bill in June that would prohibit the EPA from implementing the regulation, and that he favors legislation to require EPA to rescind the rule and start over with more input from stakeholders.
Sen. John Boozman, R-Ark., said the ruling is “an important first step in the legal battle.”
“During my agriculture tour last week, Arkansans regularly spoke of the devastating effects WOTUS would have on their personal property rights,” Boozman said.
“They see this as yet another abuse of executive authority by President Obama. Arkansans don’t need bureaucrats in Washington telling them how to use their land. We can do this best by protecting the role of states, local communities and private citizens to be a part of the process, instead of giving all power to Washington.”
Although the injunction does not apply to Kansas because that state filed its suit in the U.S. District Court for the Southern District of Georgia, Senate Agriculture Committee Chairman Pat Roberts, R-Kan., said in a statement that the North Dakota judge's ruling “is great news for parts of agriculture and rural America.”
“I have been opposed to this ridiculous rule from its inception,” Roberts said.
Referring to the rule by the acronym for its previous name, the Waters of the United States rule, Roberts said “The WOTUS rule is nothing but a land grab under the guise of the Clean Water Act, and I’ll continue to keep fighting the good fight to push back against EPA’s federal overreach.”
National Corn Growers Association President Chip Bowling said today, “It is EPA’s view that this injunction only applies to the 13 states that filed the request. We believe EPA is incorrect. It certainly wouldn’t be the first time.”
“Whether the injunction applies to 13 states or all 50, the WOTUS rule will have serious consequences for every farmer and rancher in America,” Bowling said. “It must not be allowed to stand.”
“From the beginning, we have asked for a rule that provides farmers with clarity and certainty about their responsibilities under the Clean Water Act. Instead, what we got was less clarity and less certainty – along with more paperwork, more permits, and more hassle.”
National Association of Wheat Growers President Brett Blankenship said, “This decision provides breathing room for grower concerns to be discussed in the courts without enforcement of the Environmental Protection Agency’s draconian new rule hanging over the heads of our nation’s family farmers.”
