WV Farm Bureau Magazine November 2015 | Page 2

bytes Sixth Circuit Issues Stay of WOTUS; Senate Fails to Muster Votes to Defeat It The U.S. Circuit Court of Appeals for the Sixth District in Cincinnati issued a stay against the EPA’s Waters of the United States (WOTUS) rule on October 9th, temporarily halting the concern and confusion of landowners, farmers and businesses nationwide. is not issued pending determination of this court’s jurisdiction,” McKeague wrote. “But neither is there any indication that the integrity of the nation’s waters will suffer imminent injury if the new scheme is not immediately implemented and enforced.” In the opinion, Judge David McKeague of the U.S. Court of Appeals for the Sixth Circuit, said the plaintiffs, 18 states in this case, “have demonstrated a substantial possibility of success on the merits of their claims” and that a stay will not cause undue harm to either the states or the environment. Judge Richard Griffin joined in McKeague’s opinion, providing the two-to-one majority. “The judges expressed deep concerns over the basic legality of this rule,” AFBF President Bob Stallman said in a statement. “We’re not in the least surprised. This is the worst EPA order we have seen since the agency was established more than 40 years ago. The court clearly understood our arguments. We are confident that the courts will strike down this rule. Unfortunately, we also know stays don’t last forever, and cases like this almost always take years to win.” “There is no compelling showing that any of the petitioners will suffer immediate irreparable harm - in the form of interference with state sovereignty, or in unrecoverable expenditure of resources as they endeavor to comply with the new regime - if a stay Articles for NewsBytes must be submitted by the 15th of the month prior to publication. Timesensitive announcements must be submitted no less than 8 weeks prior to the date of the event. Electronic submissions, including photos, are preferred. Send to [email protected]. Hopes were that the U.S. Senate would settle the issue once and for all, through the passing of legislation ordering the EPA to scrap the rule and start over. However, a vote on November 3rd fell three votes short. At the moment, the stay remains in place. Farmers and others are advised to stay informed to further developments to avoid putting themselves at risk of large fines should the stay be lifted and enforcement of WOTUS commences.