The EPA issued a ruling in May that redefined “the waters of the US” for the Clean Water Act. The ruling extended federal jurisdiction over small waterways that were previously regulated by the states. The US Court of Appeals for the Sixth Circuit has issued a stay of the implementation of this ruling; the EPA ruling will not be enforced until the court determines whether it has jurisdiction over the issue. While this ruling by the federal court does not make any permanent decision about the EPA ruling, it does allow some time before the rule might be enforced again. AGCA has published a summary of this issue which can be found here. You can find the court’s opinion here.
For further information, please contact our Public Affairs Counsel, Kirsten Adams at 503-685-8312