The fight to repeal WOTUS is not over yet

The Biden administration’s updated Waters of the United States Rule is now in effect for 48 states, but the American Farm Bureau Federation says the fight to revoke the updated rule is not over yet.

Over the weekend, a U.S. District Court in Southern Texas stopped the updated Waters of the United States rule from going into effect in Texas and Idaho, but denied a motion for a federal injunction across the U.S.

Deputy General Counsel Travis Cushman says there are two other pending cases asking for a preliminary injunction of the WOTUS rule, including a case filed by 24 State Attorneys General in a U.S. District Court in North Dakota and a lawsuit filed in Kentucky, that could allow additional states to be exempt from the updated regulation.

“Hopefully, pretty soon we should be able to maintain that status quo in much of the country.”

He says litigation is a necessity as the agriculture industry awaits the U.S. Supreme Court’s decision on Sackett vs. EPA.

“We don’t want to be in a situation where the agencies are acting unlawfully, making it harder and harder to operate. The goal is to return the Clean Water Act back to how it was intended to operate, with a good balance between federal and state jurisdiction.”

The U.S. Senate is expected to vote on a joint resolution disapproving the updated WOTUS rule this week introduced by Missouri Congressman Sam Graves, which was already passed in the House.

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