WOTUS Replacement Effective Law In 49 States

On June 22nd, the Navigable Waters Protection Rule (NWPR) became effective law in all states but Colorado. In light of the court-ordered stay described below, Colorado will continue to act under the 1987 Rule and post-Rapanos guidance. All other 49 states are now living under NWPR. This is a solid victory as we have completed the first hurdle on the road to Supreme Court endorsement of the Trump Administration’s NWPR.

Anticipating the courtroom battles, NCBA’s Officers and Executive Committee elected to continue our leadership on this issue by intervening in select cases to defend the rule. Our litigation coalition filed motions for intervention in lawsuits in South Carolina, California, and Colorado. The judge in South Carolina granted our motion, allowing us in the lawsuit as defendant-intervenors. We are still waiting for California and Colorado to decide our requests for intervention. We hope the judge in Colorado quickly considers our intervention motion and grants it, so we can participate in an appeal of this decision.

The Trump administration’s replacement of the disastrous 2015 WOTUS Rule is a win for the cattle industry. NWPR draws back the federal overreach of the 2015 WOTUS Rule and provides clarity on farm exclusions. Every Trump Administration environmental initiative is being challenged in court by activists or Democratic Attorneys General (AGs). As the NWPR is a major achievement of the Trump Administration, it is being challenged in multiple courts across the country by several coalitions of activists and Democratic AGs.

The National Cattlemen’s Beef Association’s Beltway Beef podcast is ready for your listening pleasure and intellectual enrichment. This weekly commentary features NCBA members, leaders, staff and more every week.

In this week’s podcast, NCBA Chief Environmental Counsel Scott Yager discusses the Navigable Waters Protection Rule, which went into effect this week in 49 states.

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