Latest Update: On February 23, the Sixth Circuit federal court of appeals in Cincinnati held that it is the proper court to determine whether or not the Waters of the U.S. (WOTUS) Rule is legal.
NFIB, over two dozen states, and countless industry groups sued in courts across the country challenging the authority of the Environmental Protection Agency and the Army Corp of Engineers to radically expand their regulatory authority over private property. Under the rule, EPA and the Army Corps seek to require small businesses and other property owners to spend tens of thousands of dollars to obtain federal permits before doing things as simple as landscaping or dredging soil if the land (or land near it) collects water for any significant period of time throughout the year. The Sixth Circuit will likely hear arguments later this year as to whether the WOTUS Rule violates the Regulatory Flexibility Act, the Clean Water Act, and the U.S. Constitution.
NFIB continues to question the Sixth Circuit’s jurisdiction to hear the case without a district court hearing it first. However, we are pleased the decision allows the court’s nationwide stay, blocking enforcement of the Rule, to remain in place. This means landowners can breathe a sigh of relief, at least for the time-being, while the Sixth Circuit hears our case.
NFIB is fighting to stop this regulatory land-grab, but we need your help.