"In granting the stay, the Court described the rule as ‘facially suspect.’  This solidly reaffirms our belief that we have a strong case on the merits and that the courts will ultimately strike down this burdensome regulation," Attorney General Morrisey said. "We look forward to continuing to challenge this rule’s legality in court and are confident we will prevail."

 

The rule, known generally as the "Waters of the United States" rule, extends the EPA and Corps of Engineers’ regulatory jurisdiction to an untold number of small bodies of water, including roadside ditches and short-lived streams or any other area where the agencies believe water may flow once every 100 years. It was published in the Federal Register June 29, and the agencies began enforcing the rule Aug. 28.  

 

Attorney General Morrisey has been a national leader in challenging the "Waters of the United States" rule. These efforts have included drafting rulemaking comments opposing the rule, taking a leadership role in litigating against the rule, and seeking the stay from the Sixth Circuit. 

 

Thirty-one (31) states and state agencies have challenged the legality of the rule as violating the Clean Water Act, the Administrative Procedure Act and the U.S. Constitution. It also usurps the States’ primary responsibility for the management, protection and care of intrastate waters and lands. That coalition now includes West Virginia, Alabama, Alaska, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Wisconsin and Wyoming and the North Carolina Department of Environment and Natural Resources, the New Mexico Environmental Engineer, and the New Mexico State Engineer.