A 2015 rule that expands the federal government’s control over private land nationwide should be vacated in its entirety, according to a coalition challenging the rule. Attorneys made the argument against the WOTUS in papers filed with the U.S. District Court for the Southern District of Texas.
The American Farm Bureau Federation and others, including the state of Texas, are suing to do away with the rule issued by the EPA and Army Corps of Engineers. Plaintiffs say the rule is illegal for a host of reasons, including that it disregards statutory and Supreme Court requirements that federally regulated “waters” be at least closely connected to “navigable” waterbodies.
The current filings in Texas mark the third time a federal district court has been asked to strike the 2015 rule. Federal courts in North Dakota and Georgia are also currently considering similar claims. The rule has been temporarily blocked in dozens of states pending the outcome of the litigation.
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