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Missouri seeks injunction to block WOTUS implementation

Missouri wants a judge to block implementation of the new federal Clean Water Rule, sometimes referred to as Waters of the U.S.  Attorney General Chris Koster says he wants implementation delayed until the court decides whether the rule violates the Constitution and other federal laws.  He says that could take from several months to a couple of years.

“So that farmers across the state know whether they have to comply with this rule or know whether the Environmental Protection Agency is going to be coming in and taking authority, [or] has the right to take authority of their acreage,” Koster told Brownfield Ag News Wednesday.  “We have asked that the stay be put in place to stop the Environmental Protection Agency from acting on the so-called authority during the litigation.”

Missouri and 12 other States sued the EPA and the Army Corps of Engineers in June over the agencies’ expanded scope of clean water regulations.  The states allege that the EPA and the Corps failed to follow proper procedure before adopting the rule.  Koster says the new “waters of the U.S.” definition extends the agencies’ regulation far beyond what is reasonably considered to be a waterway.

“Frankly, I want the EPA to take the rule back and to redo it or to simply undo it,” said Koster.

If the rule goes into effect before adequate judicial review, Koster says thousands of acres of privately owned land will be subject to federal water regulation. The new definition is set to take effect on August 28.

AUDIO: Chris Koster (5 min. MP3)

 

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