States Arguing Clean-Water Rule Grossly Overburdens Landowners With Costs
In welcome news for the small business community, on Monday, a three-judge panel of the 6th US Circuit Court of Appeals in Cincinnati ruled 2-1 to hear a challenge to the EPA’s Waters of the United States rule, the AP reported. The challenge comes from 18 states who argue the regulations are overburdensome and place undue costs on landowners. WOTUS is an attempt to dictate which waterways, including wetlands and small streams, the Federal government can protect from development and pollution, and was announced by the EPA and US Army Corps of Engineers in 2015 following two rulings by the Supreme Court that caused uncertainty about which waterways the Clean Water Act covers.
The Hill pointed out that both chambers of Congress have previously “voted to overturn” WOTUS, but the measures were vetoed by President Obama. In Monday’s ruling the court found it has authority to “hear numerous consolidated challenges” to WOTUS rather than heed calls from opponents of the rule “to dismiss their cases and allow them to first go to lower courts with their challenges.” In the majority opinion for the court, Judge David McKeague “said the trend in similar cases has been for circuit courts, not the lower district courts, to hear the challenges, and the Sixth Circuit was chosen as the court to consolidate them.” He explained, “Movants have failed to identify any particular circumstances or practical considerations that would justify holding that adjudication of the instant petitions for judicial review in the various district courts would better serve Congress’s purposes.” However, no schedule was set to hear the cases.
What This Means For Small Businesses
Though hearing cases at the lower court level would have been a way to for small business owners and others with a vested interest in overturning WOTUS an expedited appeal before the Supreme Court, The Hill pointed out that the 6th US Circuit Court of Appeals has already previously stayed WOTUS’ implementation while litigation is pending. Although Monday’s decision to consolidate cases was less-than-ideal, states will still have their challenge to WOTUS heard, meaning small businesses have a chance to significantly delay, and possibly repeal, this burdensome regulation.
Additional Reading
NFIB has been monitoring challenges to WOTUS and provides an update on efforts to halt this onerous regulation as well as links to frequently asked questions about the rule.
Note: this article is intended to keep small business owners up on the latest news. It does not necessarily represent the policy stances of NFIB.
