With the official federal register release of the Waters of the US Rule on 29 June, the charge to file early legal challenges has begun.
Thus far 27 states have filed lawsuits alleging federal expansion over state waters.
The challengers attest that the rule violates the Clean Water Act, the Administrative Procedure Act, the National Environmental Policy Act and the commerce clause of the U.S. Constitution. More lawsuits are expected in the next week.
The rule becomes effective 28 August, barring Congressional efforts and court challenges succeeding before that time. The issue is expected to be resolved by the U.S. Supreme Court.
NSSGA strongly opposes the rule because it will make permitting new facilities more costly and difficult, which in turn will drive up the cost of crucial infrastructure projects.
Edited from source by Joseph Green. Source: NSSGA