With a large percentage of Montana slated to be regulated under
the 2015 Waters of the U.S. (WOTUS) Rule, the Montana Farm Bureau expressed
cautious optimism in today’s ruling that federal district courts have the
jurisdiction to review the unlawful rule.
“WOTUS is the rule that would have regulated every mud puddle and
seasonal stream in the country. The fact the U.S. Supreme Court gave WOTUS to
the federal districtcourts to review—not federal courts of
appeals—is a step in the right direction,” said Montana Farm Bureau President
Hans McPherson.
“Last year, a federal district court in North Dakota granted a
preliminary injunction blocking implementation of the new Environmental
Protection Agency rule defining WOTUS under the Clean Water Act,” said
McPherson. “Montana was one of 13 states in the lawsuit which claimed
the WOTUS rule is a threat to state sovereignty because it asserts federal
jurisdiction over wetlands, waters and even dry land that should be subject to
state government control. We
are confident that once the case is turned back to the district courts, the
North Dakota federal district court will re-instate that stay. That bodes well
for Montana.”
Although today’s U.S. Supreme Court rule is mainly positive, there
is concern about the
uncertainty and confusion in the short term because the Sixth Circuit must soon
lift its nationwide stay of the 2015 rule. Meanwhile the Environmental
Protection Agency has not yet finalized its proposed rule to delay the
application of the 2015 WOTUS rule while the agency considers whether to
permanently repeal that rule.
“We will need to watch very closely to see what the EPA and the
courts decide,” McPherson added.
The American Farm Bureau is considering its options to avoid
application of the 2015 rule while EPA moves forward with an appropriate
long-term solution that provides clear rules and clean water without requiring
a federal permit to plow a field.