Second judge halts WOTUS rule

BISMARCK, N.D. — A second U.S. District Court ruling was made to halt the “waters of the United States” rule.

American Farm Bureau Federation President Zippy Duvall called it a win for U.S. farmers.

The ruling stops implementation of the rule in 24 states, including Indiana. The first ruling, out of Texas, halted the rule in Texas and Idaho.

The 24 states impacted are: Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia and Wyoming.

“This ruling reinforces our belief that the current WOTUS rule is a clear case of government overreach,” Duvall said.

“Two District Courts have now acknowledged the new rule likely oversteps EPA’s authority under the Clean Water Act. With the rule now on hold in more than half the country, EPA and the U.S. Army Corps should do the right thing by listening to our legitimate concerns and rewriting the rule to draw a bright line of jurisdiction.”

The bottom line, Duvall said, is that clean water is important to all farmers and ranchers. But a sensible rule that farmers can interpret without hiring a team of lawyers is needed.

“The EPA’s interpretation of the rule provided no clarity and caused more confusion about where federal jurisdiction begins and ends on their own property,” said Randy Kron, president of Indiana Farm Bureau.

“Our hope is that this ruling will encourage a better rewrite of the rule so farmers are able to operate without fear of retribution.”