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Court Stays Implementation of New EPA Rule Over US Waters

Monday, October 12, 2015   (0 Comments)
Posted by: Sharon Leach
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Earlier this year, the EPA expanded oversight of federal waters to include natural and constructed waters, as well as other waters not previously covered under the Clean Water Act. But a federal court ruled on October 9th, 2015 to stay implementation of the new rule under challenges brought by 18 states. Given the potential ramifications of the rule, the 6th U.S. Circuit Court of Appeals said that the legal process should be allowed to play out before businesses, landowners and states are subject to the provisions. Circuit Judge David McKeague wrote in the majority opinion that although the states didn't necessarily show that they will suffer immediate harm if the rule moves ahead, "neither is there any indication that the integrity of the nation's waters will suffer imminent injury if the new scheme is not immediately implemented and enforced."