Congress, Courts Showing Displeasure with WOTUS

A federal judge ruled against the new WOTUS rule last week and Congress is working its way toward disapproving the rule. Courtney Briggs, American Farm Bureau Federation Senior Government Affairs Director, says Congress is exercising its authority under the Congressional Review Act.
“And they have used that in the House of Representatives to disapprove of the most recently finalized WOTUS rule. And they successfully did that with nine Democrats crossing over the aisle, and now we’re waiting on the Senate who will imminently be voting on this CRA resolution. Unfortunately, President Biden has already come out and said that he will veto this resolution.”
The most recent version of the rule went into effect last Monday in 48 states.
“And that is because a district court in Texas granted a preliminary injunction to prevent the rule from being finalized in two states, Texas and Idaho. Unfortunately, the judge did not extend his decision nationwide and only applied it to the plaintiffs in the case.”
Briggs explains the next steps in the litigation process.
“We are going to see the litigation play out because not only did we request a preliminary injunction, but we are also challenging the merit of the rulemaking. Also, attention will be placed on the Supreme Court because they have yet to hand down a decision in Sackett vs. the EPA, which we feel will go to great lengths to provide clarity and certainty to the regulated community.”

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