2015 WOTUS Rule Suffers Another Blow
Cattle producers hoping to defeat the Zombie WOTUS once and for all scored another victory this week. A district court in Texas ruled the Obama Administration’s 2015 rule violated the Administrative Procedure
s Act – a federal law agencies must follow when drafting regulations.
As co-plaintiff in the case, NCBA argued that the 2015 rule violated several federal laws in addition to the Administrative Procedure Act, including the Clean Water Act, Commerce Clause, and the 10th Amendment. The judge did not address these issues in the ruling, but the decision nonetheless makes clear that the 2015 WOTUS rule should not stand.
Court rulings across the country have created a patchwork of WOTUS implementation, with the 2015 rule in force in 22 states but blocked in 28. This week’s ruling does not change the facts on the ground, but it does validate the Trump Administration’s effort to repeal and replace the 2015 rule. NCBA hopes the decision will expedite that process, and will continue to fight in Congress and the courts to end the WOTUS nightmare for producers everywhere.