News

Court blocks implementation of WOTUS

A U.S. appeals court has temporarily blocked nationwide implementation of the Clean Water Act rule—also called the Waters of the U.S. (WOTUS) rule.

The Sixth Judicial Court of Appeals in Texas ordered that the rule be stayed nationwide until the court can determine jurisdiction over the many pending lawsuits against the rule.

Philip Ellis, president of the National Cattlemen’s Beef Association, calls the ruling “great news”. And he says NCBA is also encouraged by what else the court had to say about the rule.

“They cited substantial possibility of success on the merits of the claims, which is good news for our case–and they actually have cast suspicion on the rulemaking process,” Ellis tells Brownfield. “So we think this is good news, that they would take a good look at this rule, and a good opportunity for success on the litigation.”

Also applauding the ruling is American Farm Bureau president Bob Stallman. Stallman says he’s confident the courts will eventually strike down the WOTUS rule, but he again called for the Senate to pass legislation nullifying the rule, similar to what the House has already done.

NCBA environmental counsel Scott Yager says the court will likely decide the jurisdictional issue sometime in November.

AUDIO: Philip Ellis