A federal appeals court has blocked an Obama administration rule that would expand the number of small streams, wetlands and other waterways the government can shield from pollution and development.
Big bodies of water, including major rivers and lakes, are already protected by existing rules. The new rule would extend the EPA’s regulatory authority to smaller bodies of water.
In a 2-1 ruling Friday, a panel of the Sixth U.S. Circuit Court of Appeals in Cincinnati put the regulations on hold until the court decides whether it has jurisdiction to hear challenges to the rules by 18 states.
The Environmental Protection Agency and the U.S. Army Corps of Engineers issued the regulations in May after two Supreme Court rulings left uncertain which waterways can be protected under the Clean Water Act.
States challenging the rules say they go too far and could be costly to landowners, while the government says they would safeguard drinking water for 117 million Americans.
Georgia Attorney General Sam Olens said the stay would temporarily silence the “whirlwind of confusion,” created by the EPA’s rule.
“Georgia families, farmers, and businesses would be subject to excessive and intrusive federal regulation,” Olens said. “As the federal government continues to issue massive and unconstitutional executive directives at an alarming rate, I remain steadfast in my commitment to protect and defend the interests of Georgians.”
But the federal stay does not kill the rule, it only sets it aside while litigation continues.
In the meantime, Olens and 17 other states’ attorneys general are still working to combat the “Waters of the United States” rule.
“A stay temporarily silences the whirlwind of confusion that springs from uncertainty about the requirements of the new Rule and whether they will survive legal testing,” Olens said.