Sixth Judicial Circuit Court Halts Implementation of WOTUS Nationally- NCBA Calls It Great NewsFri, 09 Oct 2015 12:30:23 CDT
UPDATED WITH AUDIO- Citing a substantial possibility of success on the merits of their claims and casting suspicion on the rulemaking process, the Sixth Judicial Circuit Court of Appeals today ordered that the EPA and Army Corps’ “Waters of the United States” rule be stayed nationwide until the Court can determine jurisdiction over the many pending lawsuits. The President of the National Cattlemen's Beef Association, Philip Ellis, said this action will prevent implementation of the WOTUS rule.
“This is great news for cattlemen and women and all land users who have been at a loss as to how to interpret this rule,” said Ellis. “A stay by the Court has the same effect as an injunction, and this action prevents the EPA and Army Corps from implementing this disastrous rule across the country. In granting the stay, the majority of the Court sided with the states that the rule likely fails on both substantive and procedural grounds.”
A three judge panel for the U.S. Court of Appeals for the Sixth Judicial Circuit voted 2-1 to stay implementation over concern that burden to state and federal government, as well as private parties and the public in general, from the implementation of the WOTUS rule outweighed any harm to the agencies in keeping the status quo.
Radio Oklahoma Ag Network Farm Director Ron Hays has comments with the Environmental Counsel for the organization, Scott Yager, who offers some insight as to what this stay means for the variety of lawsuits that have been filed against EPA and the Army Corps- and explains the comments made by the Sixth District Court about the merits of the case and the possibility that EPA and the Army Corps could see WOTUS declared illegal.
Click on the LISTEN BAR below to listen to Ron and Scott Faber on this development.
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