(Posted Fri. Aug 28th, 2015)
Yesterday afternoon, the U.S. District Court for the District of North Dakota issued a preliminary injunction against the Environmental Protection Agency and the U.S. Army Corps of Engineers, postponing implementation of the “Waters of the U.S.” (WOTUS) rule.
Chip Bowling, president of the National Corn Growers Association and a farmer from Newburg, Maryland, issued the following statement:
“We support the judge’s decision in North Dakota, which should give the courts and the public more time to figure out how to proceed with WOTUS. The Army Corps of Engineers has stated this rule is not based on science or law and is unlikely to withstand a legal challenge. When even the federal agencies responsible for this rule can’t agree on its constitutionality, it’s time for EPA to withdraw the rule and start this process over.
“It is EPA’s view that this injunction only applies to the 13 states that filed the request. We believe EPA is incorrect. It certainly wouldn’t be the first time. Whether the injunction applies to 13 states or all 50, the WOTUS rule will have serious consequences for every farmer and rancher in America. It must not be allowed to stand. From the beginning, we have asked for a rule that provides farmers with clarity and certainty about their responsibilities under the Clean Water Act. Instead, what we got was less clarity and less certainty – along with more paperwork, more permits, and more hassle.
“This court decision reinforces the need to permanently repeal the WOTUS rule. We urge the Senate to pass S. 1140, the Federal Water Quality Protection Act, as soon as possible. This law will force EPA to withdraw WOTUS and work with farmers and other stakeholders to rewrite the rule.
“Clean water is important to all of us. NCGA is committed to working with the EPA, the Corps, and other stakeholders to protect America’s water resources.”