The Pacific Legal Foundation has filed a lawsuit on behalf of the New Mexico Cattlemen’s Association following the repeal of the 2015 Waters of the U.S. Rule. The case could have widespread implications for the regulation across the country. Senior Attorney Tony Francois says while the cattle group is in favor of the 2015 repeal, they are challenging the EPA’s use of prior water rules that are unconstitutional.
He says the pre 2015 WOTUS rule need to be thrown out and the new WOTUS rule being developed needs some tweaking.
Francois says their next step is to ask for a preliminary injunction to stop the pre 2015 WOTUS rules from taking effect.
Francois says for years the EPA has sought to use its Clean Water Act authority over navigable lakes and rivers and to regulate puddles and dry arroyos on private property all over the country. He says that’s a trend that needs to be stopped.
