Federal Court Halts EPA “Water Grab” Rule

A coalition of 13 Rocky Mountain States headed by New Mexico has been successful in having the Sixth Circuit Court of Appeals enforce a nationwide stay on the Environmental Protection Agency’s and Army Corps of Engineer’s WOTUS rules. The rules would have increased the size of federally protected waters by three percent and redefined what constitutes navigable waters to include what most states consider ephemeral stream or a backyard ditches. During the stay litigation on the rule will continue.