WASHINGTON (August 28, 2015) – Yesterday afternoon, the U.S. District Court for the District of North Dakota issued a preliminary injunction against the Environmental Protection Agency and the U.S. Army Corps of Engineers, postponing implementation of the “Waters of the U.S.” (WOTUS) rule.
“We support the judge’s decision in North Dakota, which should give the courts and the public more time to figure out how to proceed with WOTUS,” said Chip Bowling, president of the National Corn Growers Association.
“The Army Corps of Engineers has stated this rule is not based on science or law and is unlikely to withstand a legal challenge. When even the federal agencies responsible for this rule can’t agree on its constitutionality, it’s time for EPA to withdraw the rule and start this process over.”
The EPA’s issued a statement saying the injunction only applies to the 13 states that filed the request. NCGA believes EPA is incorrect, but is urging farmers to proceed with caution as a court could easily rule differently in a future enforcement proceeding.
NCGA has prepared this summary which explains potential liabilities, steps farmers can take to identify WOTUS features on their land, actions to be taken should a farmer believe they have WOTUS on their land, farming practices that may trigger CWA liability and permitting requirements, and links to additional info and government resources.