The U.S. Senate failed to approve a bill yesterday that would have directed the Environmental Protection Agency (EPA) to withdraw the waters of the U.S. (WOTUS) rule. Senators fell three votes short of the 60 needed to end debate on whether to take up the bill. Similar legislation previously was approved by the U.S. House.
NCBA supported S. 1140, known as the Federal Water Quality Protection Act, because it would have forced EPA to work with all stakeholders in drafting a replacement rule that would bring clarity to the Clean Water Act without usurping state and private water rights.
The Sixth Circuit U.S. Court of Appeals has issued a temporary stay on the WOTUS rule across the country until it can determine jurisdiction. In granting the stay, the court found WOTUS may violate established law governing the extent of the Clean Water Act. In addition, the court cited the flawed rule-making process used by EPA and the arbitrary nature of the limits set in the rule.
While NCBA continues to be among many involved in litigation over this regulation, NCBA President Philip Ellis said Senate approval of S. 1140 could have saved cattle producers and states millions of dollars in legal fees and years in court.
Source: KLA
