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Winning! Court declares Obama’s EPA “Waters of the United States Rule” unlawful
DJDuck
Member Posts: 5,970
“…vast expansion of jurisdiction over waters and land traditionally within the states’ regulatory authority cannot stand…”
https://legalinsurrection.com/2019/08/court-declares-obamas-epa-waters-of-the-united-states-rule-unlawful/
“The American Farm Bureau Federation, which earlier this year won a decision in Texas that also found the rule legally wanting, praised Wood’s decision.
“The court ruling is clear affirmation of exactly what we have been saying for the past five years,” AFBF General Counsel Ellen Steen said. “The EPA badly misread Supreme Court precedent. It encroached on the traditional powers of the states and simply ignored basic principles of the Administrative Procedure Act when it issued this unlawful regulation.”
Wood found the WOTUS rule’s “vast expansion of jurisdiction over waters and land traditionally within the states’ regulatory authority cannot stand absent a clear statement from Congress in the CWA. Since no such statement has been made, the WOTUS Rule is unlawful under the CWA.”
She also determined the agencies’ “inclusion of all interstate waters in the definition of ‘waters of the United States,’ regardless of navigability, extends [their] jurisdiction beyond the scope of the CWA because it reads the term navigability out of the CWA.”
Utah Attorney General Sean D. Reyes, representing one of the other states involved with this case, was also delighted with Wood’s ruling.
The 2015 WOTUS Rule is a clear example for federal overreach that infringed on the States’ traditional role as primary regulators of land and water resources within their borders. We are proud to have fought for this relief, and we look forward to reforms that will permanently relieve farmers and landowners of the unnecessary burdens that the 2015 WOTUS Rule created.”
https://legalinsurrection.com/2019/08/court-declares-obamas-epa-waters-of-the-united-states-rule-unlawful/
“The American Farm Bureau Federation, which earlier this year won a decision in Texas that also found the rule legally wanting, praised Wood’s decision.
“The court ruling is clear affirmation of exactly what we have been saying for the past five years,” AFBF General Counsel Ellen Steen said. “The EPA badly misread Supreme Court precedent. It encroached on the traditional powers of the states and simply ignored basic principles of the Administrative Procedure Act when it issued this unlawful regulation.”
Wood found the WOTUS rule’s “vast expansion of jurisdiction over waters and land traditionally within the states’ regulatory authority cannot stand absent a clear statement from Congress in the CWA. Since no such statement has been made, the WOTUS Rule is unlawful under the CWA.”
She also determined the agencies’ “inclusion of all interstate waters in the definition of ‘waters of the United States,’ regardless of navigability, extends [their] jurisdiction beyond the scope of the CWA because it reads the term navigability out of the CWA.”
Utah Attorney General Sean D. Reyes, representing one of the other states involved with this case, was also delighted with Wood’s ruling.
The 2015 WOTUS Rule is a clear example for federal overreach that infringed on the States’ traditional role as primary regulators of land and water resources within their borders. We are proud to have fought for this relief, and we look forward to reforms that will permanently relieve farmers and landowners of the unnecessary burdens that the 2015 WOTUS Rule created.”
Comments
This was used multiple times for communist Obama agencies to trample on property rights.