APRIL 20, 2023:
The House of Representatives was unsuccessful in getting enough votes to override President Biden’s veto of legislation undoing a rule defining the Clean Water Act’s jurisdiction. The vote failed 227-196 and didn’t meet the two-thirds requirement for overriding a presidential veto.
Successful Farming says Republicans persuaded ten Democrats to vote against the Biden EPA’s rule, including House Ag Ranking Member David Scott (D-GA) and Rep. Sanford Bishop (D-GA). The rule specified what wetlands, streams, and other waterways qualify for federal protection as Waters of the United States. Critics like farmers, land developers, and construction companies have called the policy “extreme government overreach.”
In March, both the House and Senate passed a disapproval resolution with bipartisan support that would have scrapped Biden’s Waters of the U.S. Rule. Two federal judges have issued preliminary injunctions against implementing the WOTUS rule in 26 states– including South Dakota and North Dakota– while lawsuits are heard regarding the validity of the regulation.
APRIL 14, 2023:
A court ruling out of North Dakota halted implementation of the 2023 Waters of the United States Rule in 24 states, and ag groups responded positively.
American Farm Bureau President Zippy Duvall says his group proudly stood with the 24 states involved and more than a dozen organizations in this challenge. “Two District Courts have acknowledged the new rule oversteps EPA’s authority under the Clean Water Act,” Duvall says. “With the rule on hold in more than half the country, EPA and the U.S. Army Corps should do the right thing, listen to our legitimate concerns, and rewrite the rule.”
The National Cattlemen’s Beef Association also applauded the court’s decision. “Cattle producers in a total of 26 states now have some additional certainty while this rule is being litigated, and we’re optimistic the Supreme Court will provide nationwide clarity on the federal government’s water jurisdiction,” says NCBA President and South Dakota cattle producers Todd Wilkinson.
APRIL 12, 2023:
A preliminary injunction has been granted halting the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers from implementing or enforcing the newly revised federal definition of the Waters of the United States in South Dakota, North Dakota and 22 other states.
U.S. District Judge Daniel L. Hovland put the injunction in place today (April 12, 2023), stopping the new 2023 WOTUS rule, pending the outcome of the lawsuit filed by the 24-state coalition in U.S. District Court in North Dakota.
The other states where the injunction is in place due to this court decision are Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia and Wyoming.
Texas and Idaho were granted an injunction in March 2023, halting implementation of the rule in those states as well.
MARCH 21, 2023:
The Biden administration’s version of the Waters of the U.S. rule went into effect Monday (March 20, 2023).
The National Cattlemen’s Beef Association expressed displeasure in a District Court decision to deny a preliminary injunction of the rule. NCBA President and South Dakota cattle producers Todd Wilkinson says, “This latest WOTUS rule will place more burdens on family farms and ranches, drive up costs, and prevent cattle producers like me from making investments in our land.”
The Environmental Protection Agency finalized the latest WOTUS rule at the end of 2022. NCBA and its litigation partners filed a lawsuit seeking to overturn the rule on January 18, 2023. NCBA sought a nationwide preliminary injunction, which would have prevented the federal government from implementing the WOTUS rule until the entire case is decided. Instead, the court granted a limited injunction in only two states—Texas and Idaho.
NCBA Chief Counsel Mary-Thomas Hart adds, “The court’s decision to keep the Biden administration’s WOTUS rule in place is concerning and irresponsible.”
MARCH 1, 2023:
BOISE, Idaho (AP) — Idaho has joined a Texas lawsuit against the Biden administration’s waterway protections, claiming the rules are too vague and violate state sovereignty rights. The lawsuit was originally filed in southern Texas’ federal courts Jan. 18, and amended to include Idaho on Monday (Feb. 27, 2023). The states contend that a new interpretation of a Clean Water Act rule is too vague, oversteps the bounds of federal authority and puts the liberties of states and private property owners at risk. The rule defines which U.S. “waters of the United States” qualify for protection under the Clean Water Act. A similar lawsuit was filed by a group of 24 states earlier this month.
FEBRUARY 17, 2023:
South Dakota has joined 23 other states in filing a lawsuit against the Biden Administration’s “Waters of the United States” rules.
Attorney General Marty Jackley says this is a federal government attempt to exceed its authority granted by Congress as provided in the Clean Water Act. He says this rule would drastically impact how South Dakota manages its waterways.
The states’ lawsuit is filed against the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers. The states contend that the rule, signed by President Biden on his first day in office in 2021, would redefine “navigable waters” to include ponds, certain streams, ditches, and other bodies of water that would be placed under the Clean Water Act as defined by the EPA and the Corps of Engineers.
Jackley says as it states in the lawsuit, this rule would require farmers, developers and other property owners to get permission from the EPA and the Army Corps of Engineers to use these water ways for most purposes. He says that places an undue burden on South Dakotans who would face federal government punishment for even the slightest misuse.
Other states involved in the lawsuit are Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Utah, Virginia, West Virginia and Wyoming.
JANUARY 19, 2023:
The American Farm Bureau Federation has joined 17 other organizations representing agriculture, infrastructure and housing, as well as county and state Farm Bureaus in filing suit over the federal Waters of the United States (WOTUS) rule.
President Zippy Duvall says, “Farmers and ranchers share the goal of protecting the resources we’re entrusted with. Clean water is important to all of us. Unfortunately, the new WOTUS rule once again gives the federal government sweeping authority over private lands. This isn’t what clean water regulations were intended to do. Farmers and ranchers should not have to hire a team of lawyers and consultants to determine how we can farm our land.
“The new rule is vague and creates uncertainty for America’s farmers, even if they’re miles from the nearest navigable water. We believe a judge will recognize these regulations exceed the scope of the Clean Water Act, and direct EPA to develop rules that enable farmers to protect natural resources while ensuring they can continue stocking America’s pantries.”
Read the lawsuit here.
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