Coalition Seeks Reprieve from Order Reviving Flawed WOTUS Rule

The American Farm Bureau Federation Monday asked a federal district court in South Carolina put a hold on an order striking a rule that delayed implementation of the 2015 Waters of the U.S. rule. The court order has the effect of immediately reviving and implementing the controversial WOTUS rule in 26 states. The 2015 rule has been blocked by other court orders in the remaining 24 states. AFBF and a broad coalition of agriculture groups asked the U.S. District Court of South Carolina to delay implementation of its August 16th order while the groups appeal the court’s decision.

According to the filing, the court’s decision to strike the delay rule harms the public interest “because the 2015 WOTUS rule was promulgated in violation of procedural requirements, is inconsistent with the text of the Clean Water Act, and is unconstitutional—as every court to consider the issue has concluded.”

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