NCBA, PLC file opening brief in WOTUS case
WASHINGTON (November 1, 2016) – The National Cattlemen’s Beef Association and the Public Lands Council, along with other industry and municipal stakeholders, filed the opening brief today in the Sixth Circuit Court of Appeals calling for the Environmental Protection Agency and the Army Corps’ “waters of the United States” rule to be invalidated. Tracy Brunner, NCBA president and Kansas cattle producer said subjectivity and egregious overreach by the agencies is of grave concern for landowners nationwide.
“Cattlemen and women have long asked for clarity in the Clean Water Act, yet this rule adds subjectivity,” said Brunner. “By violating fundamental tenets of administrative law and expanding jurisdiction well beyond the text and structure of the Clean Water Act, it is very clear the WOTUS rulemaking was flawed from start.”
The opening brief details how the agencies disregarded the statutory and constitutional limits of federal authority, lobbied on their own rule making, and failed to craft a rule that meets the rigors of the law.
PLC President Dave Eliason said WOTUS is just one example of the onslaught of regulations that rural America is facing.
“Regulatory overreach is becoming the norm for farmers, ranchers and small businesses across the country, hampering economic growth and threatening the stability of many rural communities,” said Eliason. “Unfortunately, because Congress has repeatedly failed to act on this issue, we are fighting the legal battle to keep this rule from being implemented.”