Appeals Court Puts Nationwide Hold on Clean Water Rule

As swamp loggers we are closely following the EPA’s comprehensive effort to regulate every form of water in the U.S. Here’s an excerpt from a recent article posted on the North Carolina Forestry Association website.

“A federal appeals court in Ohio ordered a nationwide hold on the Waters of the United States rule on October 16, 2015. The ruling seeks to provide some time for the federal courts to come to a consensus on the Environmental Protection Agencys latest changes to the Clean Water Act.

The U.S. Court of Appeals for the 6th Circuit said that it an injunction on the new rule will restore uniformity to the national water policy while litigation moves through the federal courts in different states. A North Dakota federal court already has blocked enforcement of the rule in 13 states in August. After that North Dakota decision, the EPA pledged to enforce the rule in the rest of the United States.

The majority in the 6th Circuit stated in its opinion that the integrity of the nations waters will not suffer imminent injury if the new scheme is not immediately implemented and enforced, the majority opinion said. The sheer breadth of the ripple effects caused by the rules definitional changes counsels strongly in favor of maintaining the status quo for the time beingA stay allows for a more deliberate determination whether this exercise of executive power, enabled by Congress and explicated by the Supreme Court, is proper under the dictates of federal law.A stay temporarily silences the whirlwind of confusion that springs from uncertainty about the requirements of the new rule and whether they will survive legal testing.”

See more by Chris Brown, North Carolina Forestry Association

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