Federal Appeals Court Blocks EPA Water Rule

The so called “Waters of the U.S.” (WOTUS) rule recently finalized by the Environmental Protection Agency and the U.S. Army Corps of Engineers has been blocked from going into effect by the Sixth Circuit Court of Appeals on Friday. Oklahoma Attorney General Scott Pruitt, along with 17 other states, requested the stay of the rule while various challenges to WOTUS are heard in federal courts. Several business groups, including the State Chamber of Oklahoma and the Tulsa Regional Chamber, are involved with the lawsuits, too.

Pruitt said the Sixth Circuit Court recognized the validity of the various challenges to the rule which allows the EPA to regulate water in various forms even on private property.

“The WOTUS rule is a devastating blow to private property rights and is an unlawful power grab by the EPA over virtually all bodies of water in the United States. Oklahoma and other states, as well as several private-sector groups, are challenging this unlawful rule,” said Pruitt. “Until those legal challenges are settled, it’s entirely appropriate that the federal courts block implementation of the WOTUS rule.”

The court’s decision comes as welcome news to the State Chamber.

“We are very happy that the court has temporarily halted the threat against business, agriculture and economic development,” said State Chamber of Oklahoma President and Chief Executive Officer Fred Morgan. “If enacted, WOTUS would give the federal government jurisdiction over dry creek beds and rain puddles, preventing property owners from being able to use their own land. This rule cannot be allowed to stand and we thank our partners in the lawsuit and Oklahoma Attorney General Scott Pruitt for helping combat this overreach.”


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