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24-HR Emergency Service: 1-800-300-4875
February 22, 2023
On Feb. 16, 24 state attorneys general filed a lawsuit against the U.S. Environmental Protection Agency and Army Corps of Engineers seeking to overturn the final rule published by the agencies on Jan. 18 that revises the definition of Waters of the United States.
The final rule, which defines the scope of waters subject to Clean Water Act regulation, repealed the Trump administration’s Navigable Waters Protection Rule and codified a definition that reflects the pre-2015 regulatory regime that the agencies are currently implementing. ABC joined a coalition opposing the rule, submitting comments outlining how it fails to provide unambiguous water quality protections that provide clarity for contractors seeking to safeguard the environment and comply with federal regulations.
The lawsuit seeks a preliminary injunction requesting the rule not be enforced while under litigation, stating, “If the Final Rule is left in place, then ranchers, farmers, miners, homebuilders, and other landowners across the country will struggle to undertake even the simplest of activities on their own property without fear of drawing the ire of the federal government.”
This suit follows a lawsuit filed on Jan. 18 by a number of affected industry groups. ABC will continue to be active in opposing this unnecessarily burdensome and costly regulation.
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