Missouri seeks injunction to block WOTUS implementation

Photo courtesy of Legends of America
Photo courtesy of Legends of America

Missouri Attorney General Chris Koster wants a judge to block implementation of the new federal Clean Water Rule, sometimes referred to as Waters of the U.S.  Koster says he wants implementation delayed until the court decides whether the rule violates the Constitution and other federal laws, which could take from several months to a couple of years.

Missouri and 12 other States sued the EPA and the Army Corps of Engineers in June over the agencies’ expanded scope of clean water regulations.  The states allege that the EPA and the Corps failed to follow proper procedure before adopting the rule.  Koster says the new “waters of the U.S.” definition extends the agencies’ regulation far beyond what is reasonably considered to be a waterway.

If the rule goes into effect before adequate judicial review, Koster says thousands of acres of privately owned land will be subject to federal water regulation. The new definition is set to take effect on August 28.

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