Sunday, July 12, 2015

States, industry groups sue EPA, Army Corps

SALEM, Ohio —  The ink barely dried on new federal rules expanding the Clean Water Act before dozens of states, agricultural and business industry groups filed lawsuits in courts around the country, claiming the changes hand the government an unreasonable amount of authority over land use.
The Clean Water Act already gave Environmental Protection Agency and the Army Corps of Engineers jurisdiction over “navigable” waters. The new rule broadens that to include other water bodies, as well as upstream waters, 100-year flood plains and ephemeral streams such as the kind farmers use for drainage and irrigation. It also would encompass lands adjacent to such waters. The new rule was published June 29, and will go into effect Aug. 28.

States sue

The EPA has said the changes, which were rewritten in recent months, should have little impact on agricultural activities and other uses. Dozens of states and industry groups remain unconvinced. Four lawsuits representing 27 states were filed in U.S. District courts in Ohio, North Dakota, Texas and Georgia, starting June 29.
Ohio and Michigan filed suit in Ohio. Louisiana, Mississippi and Texas filed in Texas. Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming filed in North Dakota. Alabama, Florida, Georgia, Kansas, Kentucky, South Carolina, Utah, West Virginia and Wisconsin filed suit in Georgia.

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