TSCRA Applauds Sixth Circuit Decision to Place Hold on WOTUSFri, 09 Oct 2015 15:38:33 CDT
The Texas and Southwestern Cattle Raisers Association (TSCRA) Friday applauded the U.S. Court of Appeals for the Sixth Circuit decision to place a temporary hold on the Environmental Protection Agency (EPA) Waters of the U.S. rule (WOTUS). The Cincinnati-based Court of Appeals voted to stay the water rule nationwide in a 2-1 vote.
“TSCRA is very pleased with the Sixth Circuit’s decision to grant a stay against this burdensome water rule that has been worrying ranchers and landowners for too long,” said TSCRA President Pete Bonds. “This should send a clear message to the EPA that this rule is extremely flawed and should be scrapped in its entirety."
Petitioners in the Sixth Circuit concluded that the rule is illegal by stating that treatment of tributaries, “adjacent waters,” and waters having a “significant nexus” to navigable waters are “at odds” with the U.S. Supreme Court’s ruling in Rapanos, where the Court vacated the Sixth Circuit’s upholding of wetlands regulation by the Army Corps of Engineers. This decision expands an injunction that a North Dakota judge imposed for 13 states, not including Texas or Oklahoma, the day before the rule took effect in August.
“TSCRA continues listening to serious and legitimate concerns on WOTUS from many members across Texas and Oklahoma. It is critical for state and federal leaders to continue working toward a full ruling against the rule to prevent the EPA from further infringing on Americans’ private property rights,” Bonds concluded.
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