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ARA says WOTUS is likely to end up at the Supreme Court

The Agricultural Retailers Association says the Waters of the U.S. rule will likely end up in front of the U.S. Supreme Court because of on-going litigation efforts.

ARA’s Richard Gupton, senior vice president of public policy and council, says the future of the rule is uncertain.  “One federal court for example, that has limited federal jurisdiction that can act like a mini–U.S. Supreme Court to decide and make a decision for the whole country,” Gupton says. “We have various jurisdictions of federal courts for a reason and if we have a controversy in law it goes to the Supreme Court.”

Gupton says a federal court ruling in Arizona where the Trump rule was vacated, is one example of differences in court opinions.

He tells Brownfield there was clarity in the January 2020 rule created by the Trump administration. “If this EPA decides to revisit this issue and particularly, does it in a rushed way that doesn’t follow law or the science then you will once again see it come before the Supreme Court once again and that may have to be the final decision maker.”

ARA says they also disagree with the agency’s 30-day public comment and period and is asking for 60 days.