The National Cattlemen’s Beef Association (NCBA) has filed a motion in federal court to strike down the Waters of the U.S. (WOTUS) rule in light of the recent decision by the Supreme Court in the case Sackett v. Environmental Protection Agency (EPA), which struck down the significant nexus test.
“A full rewrite of the Biden Administration’s WOTUS definition is the only path to comply with the Sackett decision,” said NCBA Chief Counsel Mary-Thomas Hart. “NCBA is seeking summary judgement in our lawsuit against the Biden WOTUS rule and urging the Southern District of Texas to strike the rule from the books.”
The case, Texas and Idaho v. EPA, filed in the U.S. District Court for the Southern District of Texas, seeks vacatur of the revised WOTUS rule by the Biden administration issued in January 2023 and requires the EPA and Army Corps of Engineers to apply the Supreme Court rule in the Sackett case.
According to DTN, EPA is working on a rewrite of WOTUS in light of the Supreme Court decision. The agency is expected to announce the new rule on or before Sept. 1. EPA has also filed a motion to stay on the federal case, stating a rewrite is currently in progress.
Hart said in an audio recording she is “extremely pessimistic” the agencies can make the fixes necessary to comply with the law without going through the rulemaking process.
“(The agencies) think they can make small changes to the revised WOTUS rule to comply with the Supreme Court decision without going through notice and comment making and without providing the opportunity for substantive stakeholder involvement,” Hart said.
Separately from the Sackett case, NCBA also filed a suit to block the WOTUS rule from taking effect. NCBA helped secure injunctions in 27 states to temporarily halt the rule.
“NCBA has been fighting against overreaching WOTUS rules for years and this is just the latest example of how NCBA fights on every front from Congress to the courtroom,” said Hart. “We are proud to be the voice of America’s cattle producers in Washington.” — Charles Wallace, WLJ contributing editor
