Obama’s ‘Waters of the United States’ EPA Rule Declared Unconstitutional by the Courts

Dec 2014
18,028
6,594
The Milky Way
An overreach of federal authority.


Former President Barack Obama’s Waters of the United States (WOTUS) Rule abridged state sovereignty and constituted a federal grab of natural resources on an unprecedented scale when it was issued in 2015, but it may be no more following a federal judge’s ruling.

U.S. District Judge Lisa Godbey Wood granted a substantial victory to the 10 states that challenged the rule in the courts. Godbey claimed that the rule violated the Administrative Procedure Act and the Clean Water Act and was therefore unconstitutional.

“The court finds that both because of its combination with tributaries and the selection of over-broad geographic limits without showing a significant nexus, the adjacent waters definition in the WOTUS rule is unlawful under Justice Kennedy’s Rapanos opinion,” Wood wrote.

Wood noted that the rule was issued in direct violation of states’ rights, as the Obama administration flagrantly disregarded the constitutional balance of powers.

...

Republican Senators have introduced a bill called the “Define WOTUS Act,” to take the power out of the hands of federal bureaucrats by defining the term through legislation.

“The Obama-era WOTUS rule threatened Iowa’s farmers, manufacturers, and small businesses by giving the federal government authority to regulate water on 97 percent of land in our state,” said Sen. Joni Ernst (R-IA), who is a co-sponsor of the legislation with Sen. Mike Braun (R-IN).


Obama's 'Waters of the United States' EPA Rule Declared Unconstitutional by the Courts - Big League Politics
 

Rasselas

Moderator
Feb 2010
73,043
51,182
USA
Reading the OP made me realize that "Waters of the United States" means "navigable waters." I would agree that a navigable waterway should be....navigable by some sort of craft. The Obama rules seems clearly over broad if farmers are wondering if their drainage ditches are federally regulated. Or areas where water collects only some of the time.
 
Dec 2006
90,472
71,052
In the Witness Protection Program
An overreach of federal authority.


Former President Barack Obama’s Waters of the United States (WOTUS) Rule abridged state sovereignty and constituted a federal grab of natural resources on an unprecedented scale when it was issued in 2015, but it may be no more following a federal judge’s ruling.
U.S. District Judge Lisa Godbey Wood granted a substantial victory to the 10 states that challenged the rule in the courts. Godbey claimed that the rule violated the Administrative Procedure Act and the Clean Water Act and was therefore unconstitutional.
“The court finds that both because of its combination with tributaries and the selection of over-broad geographic limits without showing a significant nexus, the adjacent waters definition in the WOTUS rule is unlawful under Justice Kennedy’s Rapanos opinion,” Wood wrote.
Wood noted that the rule was issued in direct violation of states’ rights, as the Obama administration flagrantly disregarded the constitutional balance of powers.
...
Republican Senators have introduced a bill called the “Define WOTUS Act,” to take the power out of the hands of federal bureaucrats by defining the term through legislation.
“The Obama-era WOTUS rule threatened Iowa’s farmers, manufacturers, and small businesses by giving the federal government authority to regulate water on 97 percent of land in our state,” said Sen. Joni Ernst (R-IA), who is a co-sponsor of the legislation with Sen. Mike Braun (R-IN).


Obama's 'Waters of the United States' EPA Rule Declared Unconstitutional by the Courts - Big League Politics
This is what happens when a person elected by 800,000 Kentuckians packs the courts with right wing nut jobs.