A federal judge halted the Environmental Protection Agency’s (EPA) “Clean Water Rule.” Federal District Court Judge Ralph Erickson’s order delays the effective date of the Environmental Protection Agency and Army Corps of Engineers’ “Waters of the United States” Rule.
Arizona and North Dakota and 11 other states had asked that the Rule’s August 28, 2015 effective date be delayed due to the irreparable harm it would cause the states.
In today’s order, Judge Erickson agreed that the rule should be delayed during the ongoing litigation, stating “the states are likely to succeed on their claim because (1) it appears likely that the EPA has violated its Congressional grant of authority in its promulgation of the Rule at issue and (2) it appears likely the EPA failed to comply with APA requirements when promulgating the Rule.”
The states’ challenge to the rule itself still needs to be briefed, argued, and decided by the courts, but this injunction will maintain the status quo until the case is fully decided.
Attorney General Brnovich remarked, “This ruling is an important first step in reversing federal overreach under the guise of environmental regulation. It is critical that states like Arizona and our state coalition partners continue to make principled stands against federal overreach and to preserve the rule of law.”
“I am very pleased by today’s ruling, which protects the state and its citizens from the serious harm presented by this unprecedented federal usurpation of the state’s authority,” said North Dakota Attorney General Wayne Stenehjem. “This is a victory in the first skirmish, but it is only the first.
“There is much more to do to prevent this widely unpopular rule from ever taking effect,” stated Stenehjem. “Still, I remain confident that the rule will be declared unlawful once all the issues have been presented.”
Arizona State Rep. Bob Thorpe stated, “This is a big win for Arizona, our agricultural industry, and for the whole nation against President Obama’s overreaching EPA. It is also reassuring that there are noble Federal judges who are willing to stand up against this imperial president in order to uphold our U.S. Constitution. According to Article 1 Section 1, only congress has the power to legislate (pass laws.) Congress chose not to enact the Waters of the U.S., and thus it is unlawful and unconstitutional for the President, or his executive departments, to enact laws outside of congress. Arizona must actively oppose all unconstitutional actions by the Federal government, including those committed by the Executive, Legislative and Judicial branches.”
Arizona State Rep. Mark Finchem stated, “This judicial relief from the oppressive practices of the EPA is long overdue. Water rights in the west, and the “beneficial use doctrine” that speaks to supply and use, were long ago decided; and while from time-to-time states and private parties may squabble over some details, it is not the Federal governments affair. We assert that the EPA has no authority over waters in and around the United States, and it has engaged in a power grab of monumental proportions that violates not only its Congressional grant of authority, but the sovereign nature of the states themselves, who are in fact the grantors of power given to the federal government.”
U.S. Rep. Paul Gosar posted his statement on Facebook: “This job-killing, overreaching water grab that is trying to be imposed by Washington bureaucrats would be a dream killer for future generations and result in significant job losses and in considerable harm to our economy. WOTUS contradicts prior Supreme Court decisions and seeks to expand agency control over 60% of our country’s streams and millions of acres of wetlands that were previously non-jurisdictional.”
“I have been fighting this overreach since the beginning. In May 2014, I sent a letter calling for WOTUS to be withdrawn. I held a hearing in Phoenix in June 2014 where we heard testimony from 9 Arizona witnesses. I have introduced legislation, inserted funding riders into appropriations bills, blocked a democrat amendment that tried to strip one of my WOTUS riders and voted at least five different times for legislation that has passed the House to block WOTUS. In July 2015, I berated EPA Administrator Gina McCarthy and submitted revelatory evidence into the Congressional Record from senior Army Corps of Engineer employees which expressed serious legal and scientific deficiencies with the final draft of the WOTUS rule,” continued Gosar. “This temporary victory is a big win for states and our country. I will continue to do everything I can to fight this unconstitutional water grab and prevent it from being implemented.”
Arizona Senator John McCain stated, “I am pleased a federal judge has blocked the EPA’s so-called ‘Clean Water Rule’ from taking effect tomorrow. The rule would drastically expand the EPA’s permitting ability over private property owners. The rule essentially rewrites the Clean Water Act, which is meant to protect rivers and large waterbodies, and applies the law’s hefty fines and strict compliance to activities occurring near dry desert washes or certain ditches. I continue to hear from a number of Arizona farmers, ranchers, and homebuilders who are alarmed that the rule will put their jobs under the thumb of the EPA. In Arizona, these sectors are vital to our state’s economy. I will continue to support legislation to block the implementation of the rule.”