AG Strange praises stay on EPA's "Waters of the United States" rule

MONTGOMERY, AL (WSFA) -

The U.S. Sixth Circuit Court of Appeals granted a nationwide stay of the Environmental Protection Agency's "Waters of the United States" rule, also referred to as WOTUS, Friday.

The Obama administration's WOTUS ruling, which went into effect on Aug. 28, attempted to clarify which small streams, wetlands and other waterways the government can shield from pollution and development. It was almost immediately stayed in 13 mostly western states.

Following that stay, 17 other states that were not covered under the order filed a motion seeking to halt WOTUS. Those states included: Alabama, Georgia, Florida, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, West Virginia, and Wisconsin.

The stay was immediately met with praise by Alabama Attorney General Luther Strange, who called WOTUS "flawed" and "an unprecedented power grab". Strange said the EPA's rule "practically extends to every landowner's property and is so far reaching and overly broad that even the U.S. Army Corps of Engineers has expressed serious concerns about its ability to be enforced."

"It is well beyond the authority that Congress delegated to the EPA," U.S. Rep. Gary Palmer (R-Dist.6) said. "This rule would allow the EPA to regulate almost any body of water, even ditches and isolated bodies on private land.

Supporters of WOTUS contend it would protect drinking water for 117 million people and preserve wetlands if implemented.

The Court's 2-1 ruling stated that the states "demonstrated a substantial possibility of success on the merits of their claims," and added that "the sheer breadth of the ripple effects caused by the Rule's definitional changes counsels strongly in favor of maintaining the status quo for the time being."

The EPA and U.S. Army Corps of Engineers said they would respect the decision but look forward to defending the rule in court.