SIXTH CIRCUIT ORDERS TEMPORARY STAY FOR WOTUS RULE
October 09, 2015
The 6th U.S. Circuit Court of Appeals issued a temporary stay for the controversial Environmental Protection Agency (EPA) and Army Corps of Engineers Water of the U.S. (WOTUS) Rule today. The stay is applicable nationwide and will remain in effect until the court determines whether is has jurisdiction to hear the case.
The Alabama Farmers Federation welcomes the ruling and thanked Alabama Attorney General Luther Strange for his steadfast support for farmers.
"Today's ruling is good news for Alabama farmers,” Alabama Farmers Federation President Jimmy Parnell said. “The impact on private property rights, agricultural production and the economy could be devastating. The decision to halt implementation is wise, and we appreciate Attorney General Strange for showing leadership in challenging this rule."
Strange welcomed the decision, and said today’s ruling underscored the strong case presented by Alabama and 17 other states challenging the legality of the WOTUS rule.
“I am gratified the 6th Circuit has granted the request of Alabama and 17 other states for a nationwide stay of the EPA’s flawed WOTUS rule pending its review in federal court,” Strange said. “The WOTUS rule is an unprecedented power grab by the EPA that practically extends to every landowner’s property. The rule is so far-reaching and overly broad that even the Army Corps of Engineers has expressed serious concerns about its ability to be enforced.”
The WOTUS rule went into effect on Aug. 28, 2015, and was immediately stayed in 13 states. Strange joined 17 other states to pursue a nationwide stay from the 6th Circuit on Sept. 9, 2015.
Other states involved in the suit are Georgia, Florida, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, West Virginia and Wisconsin.
“We conclude that petitioners have demonstrated a substantial possibility of success on the merits of their claims,” the judges stated in the order. “The sheer breadth of the ripple effects caused by the rule’s definitional changes counsels strongly in favor of maintaining the status quo for the time being.”
Click here to view Strange’s full press release: http://www.ago.state.al.us/News-727.