"As you know, the [waters of the U.S.] Rule is nothing more than a federal power grab by the EPA and flies in the face of two Supreme Court decisions, wreaking havoc on farmers, businesses and families," the letter said, and cited U.S. Army Corps of Engineers' documents which described the rule as "fatally flawed," and said it would "broaden EPA's jurisdiction of wetlands well beyond Congressional intent."
The House has already passed a provision which would send the WOTUS rule back to agencies to be redone, the letter noted. "Not only Congress, but nearly 90 plaintiffs have filed lawsuits regarding the legality of the rule, including 31 state governments, farm organizations, energy producers and manufacturing groups," the letter said. The rule was jointly written by the EPA and the Corps and took effect Aug. 28, but it has been stayed nationwide by the US Court of Appeals for the Sixth Circuit