"Watch the water"

Federal court deals decisive blow to Obama water rule

by John Siciliano

| May 29, 2019 05:07 PM

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A federal court dealt a decisive blow against the Obama administration's Waters of the U.S. rule this week, bolstering the Trump administration's deregulation agenda.

The U.S. District Court of the Southern District of Texas issued the strongly worded ruling late Tuesday, stating that the Environmental Protection Agency broke the law in issuing the landmark regulation governing waterways.

"The court finds that the final rule violated the notice-and-comment requirements of the [Administrative Procedure Act] and therefore grants summary judgment in favor of the plaintiffs on this ground," the court ruled, siding with the American Farm Bureau Federation in opposing the rule.

The court said that EPA did not allow for appropriate notice for public comment on changes it made to the final regulations. Tuesday's ruling orders the EPA to open a new public comment period on reports and analyses used in developing the final 2015 regulation, which will help the ongoing efforts by the Trump EPA to repeal it.

The Waters of the U.S. rule, sometimes referred to by critics as the "puddle rule," extended EPA's Clean Water Act authority to include drainage ditches and watering holes by broadening the definition of a "waterway." States, ranchers, farmers, and other interests have opposed the rule in courts for nearly four years. They argue the EPA overreached in its federal authority to enforce the Clean Water Act.

The Texas court ruled on a much narrower set of issues. But it will go a long way in helping the Trump repeal process, say opponents of the rule.

"This critical federal court decision is a major victory for the people of Texas' ability to regulate their own natural resources, including ponds, puddles and streams on private property, and a major win for property owners, whose land would have been subject to unlawful and impractical EPA regulations," said Texas Attorney General Ken Paxton in responding to the decision on Wednesday.

https://www.washingtonexaminer.com/policy/energy/federal-court-deals-decisive-blow-to-obama-water-rule