U.S. District Judge Lisa Godbey Wood has handed a victory to the state of Georgia and nine other states that sued the federal government (and to the rest of the nation) by declaring that the WOTUS Rule is unlawful.
Wood stated that the rule, which was intended to provide better protection of the nation’s water, violated the Clean Water Act and the Administrative Procedure Act, and she remanded it back to the Environmental Protection Agency and the Army Corps of Engineers for further work.
She wrote that while the agencies have authority to interpret the phrase “waters of the United States,” that authority isn’t limitless, and therefore their decisions in doing so do not fall under what’s called Chevron deference, a matter of case law in which — for lack of a better phrase — the tie goes to the agency.
Legal Insurrection readers may recall that implementation of the rule led to a Wyoming farmer being fined $37,500 a day for constructing a stock pond on his own property.GO READ THE WHOLE THING.
Thanks to AOW.