(Posted Tue. Aug 21st, 2018)
On Monday, a broad coalition of agriculture organizations, including the National Corn Growers Association, asked a federal district court in South Carolina to stay its order striking a rule that delayed implementation of the 2015 Waters of the U.S. rule. Absent a stay, the court order puts the 2015 rule in effect in the 26 states where courts have not already stayed its implementation.
The coalition warned of the “patchwork regulatory regime” created by allowing implementation of the WOTUS rule in about half the nation.
“Enormously consequential national regulations like the WOTUS rule—which subject commonplace activities involved in building, farming, and pest management to a complex and burdensome federal permitting and enforcement scheme—should not apply differently depending on whether the activity happens to be located on one side of a state line or the other,” the organizations wrote in their filing with the court.