Election could determine future of WOTUS
The future of the Waters of the US rule could be determined by the presidential election.
National Cattlemen’s Beef Association attorney Scott Yeager is working to defeat WOTUS in court. He tells Brownfield the next President will have a lot to say about what rules come out and what rules will be pushed to the side. “If you have a, an administration that strongly feels like the WOTUS rule is something they don’t want to do, then it’s not going to happen.”
Yeager says 11 U.S. Senators wrote to the EPA and the Army Corps of Engineers a year ago seeking clarification of the rule and preservation of agricultural exemptions, but then all eleven later voted not to overturn the rule as written. He says, “The Senate fell short three votes to send the WOTUS rule back to the drawing board, and because of that, we’re stuck in a situation that we’re in right now which is Congress has not acted fully on this issue.”
The new President will nominate someone to fill the vacancy on the Supreme Court. The high court could determine if WOTUS challenges are heard in the Sixth Circuit Court of Appeals or in District Court, and could eventually hear the case itself.