In September, a broad coalition of groups representing agricultural and industry interests filed a petition for review seeking to vacate WOTUS. Stakeholders in industries from agriculture to mining argue the rule does not achieve its goal of providing more clarity for landholders regarding which waters are protected under the Clean Water Act.
“This is great news for cattlemen and women and all land users who have been at a loss as to how to interpret this rule,” said Philip Ellis, president of the National Cattlemen’s Beef Association. “A stay by the Court has the same effect as an injunction, and this action prevents the EPA and Army Corps from implementing this disastrous rule across the country. In granting the stay, the majority of the Court sided with the states that the rule likely fails on both substantive and procedural grounds.”