A U.S. District Court in Texas has ruled the Environmental Protection Agency with their 2015 Waters of the U.S. rule violated the law. The court says the EPA made changes in the final rule that were not proposed in the preliminary rule. The court granted a motion for summary judgement to the American Farm Bureau Federation in the case. South Dakota Farm Bureau President Scott VanderWal is pleased with the decision that sends the rule back to the EPA.
The court found the final 2015 rule violated the notice and comment requirements of the Administrative Procedures Act. VanderWal says that proves what they said all along, that the EPA’s original decision was a political one.
He says the new proposed rule is much better in scope and doesn’t have the broad overreach or confusing complications the 2015 regulation had.
VanderWal says his group argued that a farmer shouldn’t have to go out and hire an engineer and a lawyer to understand what he can or cannot do with his land. He says that’s what the 2015 WOTUS would have required.
