ICYMI: States Push Back Against Federal Overreach
Reuters: Sixteen States Sue EPA Over Clean Water Rule
By Pam Maclean
June 29, 2015
Sixteen states on Monday filed lawsuits against the U.S. Environmental Protection Agency, contesting a rule that expands the definition of bodies of water subject to federal pollution controls.
The actions are a coordinated challenge to an EPA rule issued on May 27 that defines the jurisdiction of the EPA and the U.S. Army Corps of Engineers over rivers, streams, lakes or marshes. It was meant to clarify which waters are protected by the anti-pollution provisions of the 1972 Clean Water Act.
Texas, Mississippi and Louisiana asked a federal court in Houston to declare unconstitutional the Clean Water Act rule expanding the definition of “waters of the United States,” calling it an “impermissible expansion of federal power over the states.”
Louisiana Attorney General James “Buddy” Caldwell said in a statement: “The rule would significantly expand federal authority under the Clean Water Act and jeopardize the private property rights of Louisiana landowners.”
A second lawsuit, brought by a coalition of 13 states, was filed in U.S. district court in North Dakota. Nevada Attorney General Adam Laxalt called the rule “unreasonable federal overreach.”