Court of Appeals stays WOTUS rule nationwide

The National Stone Sand and Gravel Association (NSSGA) has reported that the Sixth Circuit Court of Appeals has granted a stay on the Waters of the United States (WOTUS) rule. A stay had previously been granted in some states but not others, following a court appeal. This stay applies nationwide.

The WOTUS rule was disputed by NSSGA and other organisations because it expanded federal jurisdiction over waters that have little or no connection to flowing streams and rivers. The rule, which was jointly proposed by the Environmental Protection Agency and the Army Corps of Engineers, was determined by the court to have ‘ripple effects’ that determined the best course of action was to maintain the status quo for the time being. The Court took issue with both the content of the rule, and the lack of notice and comment for significant changes that were added in the final version.

Pam Whitted, Senior VP of Government and Regulatory Affairs for NSSGA, stated “This is the exact reason why NSSGA is litigating against this rule. We fully support the court’s nationwide stay as they consider the merits of a regulation that will impact businesses and Americans across the country. We are heartened that the court has recognised that this rule is neither in compliance with Supreme Court decisions, nor were significant portions of it put out for notice and comment as required by law.”

Adapted from press release by Katherine Guenioui

Read the article online at: https://www.worldcement.com/the-americas/12102015/court-of-appeals-stays-wotus-rule-nationwide-752/