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Texas judge grants limited injunction for WOTUS challenge

A District Court judge in Texas has denied a nationwide preliminary injunction that would have prevented the Biden administration’s Waters of the United States rule from taking effect.

However, Mary-Thomas Hart, chief counsel for the National Cattlemen’s Beef Association says an injunction was granted for the states of Idaho and Texas. “So if you’re in the other 48 states,  you are subject to the Biden administration’s WOTUS rule beginning March 20^th,” she says. 

NCBA president Todd Wilkinson, a South Dakota cattle producer says the injunction of the rule in those states is appreciated, but the group is disappointed that the rule was kept in place for the 48 other states.  Wilkinson says the Biden administration’s WOTUS rule places more burdens on family farms and ranches, drives up costs, and prevents cattle producers from making investments in their land. 

She tells Brownfield the Texas judge outlined issues with the Biden administration’s WOTUS rule.  “With the use of the significant nexus test,” she says.  “In addition to asserting they had near absolute federal authority over all interstate water features, regardless of their contribution to downstream water quality or nationwide water quality.”

Hart says farmers and ranchers who have water-related projects in the works should proceed with caution.  “I’m not saying don’t do it,” she says.  “I’m saying make sure you talk to someone first.  Get some technical assistance before you start any project or you continue any project that’s manipulating a water feature on your property.  Just to doubly sure you can operate without some unexpected enforcement action down the road.”

She says a decision in the Supreme Court case, Sackett v. EPA is expected within the next few weeks.

AUDIO: Mary-Thomas Hart, National Cattlemen’s Beef Association