Are the embattled “Waters of the U.S.” regulations in violation of the Tenth Amendment? A group of 22 State Attorneys General have petitioned the Supreme Court, asking for a review of a lower court’s decision that lets the EPA trump state rights to regulate runoff from farmland and other sources.
These states argue that WOTUS amounts to micromanaging nutrient and sediment runoff, and that the EPA “unilaterally granted itself the power to make thousands of land-use decisions that have traditionally been, and should remain, State decisions.”
“Under the Clean Water Act, it is clear that States retain exclusive authority to regulate in this manner,” says Arkansas Attorney General Leslie Rutledge. “The EPA is once again exceeding its legal authority under the Clean Water Act and wants to micromanage how States meet federal water quality standards. If the EPA wishes to regulate these sources, it should seek authority from Congress to do so and should not act through unilateral regulations that violate the rights of States."
The brief was filed in American Farm Bureau Federation, et al., v. United States Environmental Protection Agency, et al. States joining the brief include Alabama, Arizona, Arkansas, Colorado, Georgia, Indiana, Kentucky, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Wisconsin and Wyoming.