MADISON — A federal appeals court today issued an order temporarily stopping the Environmental Protection Agency’s rule expanding the agency’s jurisdiction over waterways from going into effect.
Under the federal Clean Water Act, Congress gave the EPA and Army Corps of Engineers regulatory authority over “navigable waters.” but under this new rule, the definition of navigable waterways expanded, giving the EPA and the Corps of Engineers federal jurisdiction to cover many types of waters traditionally under state authority. Several complained that the federal authorities were even taking jurisdiction over drainage ditches.
Several states including Wisconsin brought suit against the EPA and Army Corps of Engineers in a number of courts, claiming that this expansion supplants the states’ constitutional right to govern their own waters.
All of the separate state suits were consolidated into one case before the Sixth Circuit Court of Appeals in Ohio. In its order Friday, the Sixth Circuit ruled that states challenging the rule “have demonstrated a substantial possibility of success on the merits of their claims.” Wisconsin Attorney General Brad Schimel says “This is an important victory for property owners, and especially for Wisconsin’s agricultural industry.” He says, “Wisconsin already has strong clean water regulations, and the rule was unnecessary.” Schimel says, “It is yet another example of the EPA exceeding its constitutional authority.” He says stopping the rule from going into effect during the pending litigation is a significant victory.