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NCBA lawyer warns of WOTUS’ other consequences

 

If Congress is unable to stop the EPA from implementing the recently-announced Waters of the U.S. rule, environmental activist groups could have a field day in the court system.

So says Scott Yager, environmental counsel for the National Cattlemen’s Beef Association.

“I think one of the biggest issues that EPA is not really recognizing is that even if the EPA says, ‘hey, we’re not going to implement it that way, that’s not our intent’—well, guess what—you have environmental advocacy groups like NRDC and Pew Charitable Trust and Environmental Justice that are going to litigate the WOTUS rule to get the broadest interpretation of it,” says Yager.

Yager, who previously worked in the EPA, says that is his biggest concern.

“The thing about the Clean Water Act and all the environmental statutes is that they have citizen supervision.  That means anybody can sue anybody for potentially, or allegedly, violating the law,” Yager says. “So that’s my biggest concern, is that these groups will go to a court and get a broad interpretation of that WOTUS rule, which will then be applicable law for that whole region or state.

“That’s the big issue here.”

Yager spoke with Brownfield at the recent mid-year meeting of Nebraska Cattlemen in York.

AUDIO: Scott Yager

Photo courtesy USGS