Federal appeals court blocks WOTUS nationwide

The U.S. Court of Appeals for the 6th Circuit on Friday, Oct. 9, temporarily blocked the Environmental Protection Agency and Army Corps’ of Engineers Clean Water Rule, or “WOTUS.” The decision has put a nationwide hold on the rule while the case continues.

The order, issued on a 2-1 vote, was a preliminary boost for the group of 18 states, including Ohio, Michigan, Tennessee, Oklahoma, Texas, Louisiana, Mississippi, Georgia, West Virginia, Alabama, Florida, Indiana, Kansas, Kentucky, North Carolina, South Carolina, Utah and Wisconsin, that challenged the EPA regulation. The rule seeks to bring smaller bodies of water at the outer edges of watersheds under the Clean Water Act and was issued jointly with the U.S. Army Corps of Engineers.

“A stay temporarily silences the whirlwind of confusion that springs from uncertainty about the requirements of the new rule and whether they will survive legal testing,” the majority on a three-judge appeals court panel were quoted saying by the Wall Street Journal.

Originally issued in May, the rule was supposed to clarify to what extent 60 percent of the U.S. waterways should be protected by the Clean Water Act after questions arose from two Supreme Court rulings in 2001 and 2006.

“This is a tremendous victory for agriculture and the 18 states that challenged the EPA on its egregious power grab,” says Congressman and Agriculture Committee Chairman K. Michael Conaway (R-TX) in a press release. “I am encouraged by the court’s decision to stay this rule and the court’s acknowledgment that the states have demonstrated a substantial possibility of success on the merits of their claims against the EPA. As the states continue challenging the rule, we will continue with our efforts in Congress to defeat the implementation of WOTUS.”

Friday’s court order is the second hit against the rule. In August a federal trial judge in North Dakota blocked it in 13 states.