Federal Appeals Court Halts Implementation of EPA’s Water Rule

State Chamber part of lawsuit challenging federal overreach

Oklahoma City (October 9, 2015) – Today the Sixth Circuit Court of Appeals issued a stay in implementation of the Environmental Protection Agency’s Waters of the U.S. Rule following lawsuits from a number of states and organizations including the State Chamber of Oklahoma, U.S. Chamber of Commerce, National Federation of Independent Business, Portland Cement Association and the Tulsa Regional Chamber. The majority opinion states that the rulemaking process was suspect and that a stay is necessary to determine whether this exercise of executive power is proper.  

“We are very happy that the court has temporarily halted the threat against business, agriculture and economic development,” said State Chamber of Oklahoma President & CEO 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.”

By broadening the definition beyond the historic navigable waters to include almost any body of water within the United States, the EPA will have regulatory control over almost any area where water pools, even temporarily. This expansion of federal power will lead to increased compliance and regulatory costs for all industries, including manufacturing, agriculture, oil and gas exploration and construction.  

The ruling can be viewed by clicking here.

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