February 20, 2023 |
Wyoming is suing the Biden administration over the revision of the “waters of the U.S.,” or WOTUS rule. As with a similar rule change during the Obama era, the new definition will subject additional water features—including those on private land—to federal regulation.
Wyoming is taking the lead in the lawsuit and will be joined by 24 other states.
The lawsuit follows a letter to the that the 25 governors sent to President Biden last month, calling on the administration to delay implementing the rule. The governors urged waiting until the U.S. Supreme Court decides a case related o the Clean Water Act, Sackett v EPA.
The letter notes that the revised rule creates uncertainty for rural communities and hampers the ability of states to give clarity and consistency to businesses, farms, and individuals regarding the regulatory framework for water.
In announcing the lawsuit on Friday, Governor Gordon said, “It remains frustrating and deeply disturbing that the EPA and Corps continue to ignore the voices of the states and their on-the-ground expertise when crafting this rule, which impacts the lives and livelihoods of so many Wyoming residents.”
The governor added that the lawsuit is designed to protect residents from “vague rules that make compliance difficult and costly.”
The Wyoming Department of Environmental Quality and Wyoming Department of Agriculture recently sent letters to EPA, noting the state’s support for a WOTUS definition limiting federal regulatory authority.
