July 2, 2015

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EPA’s Clean Water Rule, which defines “waters of the United States” that fall within Clean Water Act jurisdiction, was published in the Federal Register on June 29 and already faces numerous tests.  Twenty-seven states, including South Carolina, have initiated challenges to the Rule.

As of July 1, the roster of challengers includes:

  • Texas, Mississippi and Louisiana (U.S. District Court for the Southern District of Texas)
  • Ohio and Michigan (U.S. District Court for the Southern District of Ohio)
  • Montana, Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Nebraska, New Mexico, Nevada, North Dakota, South Dakota and Wyoming (U.S. District Court for the District of North Dakota)
  • Georgia, Alabama, Florida, Kansas, Kentucky, South Carolina, Utah, West Virginia and Wisconsin (U.S. District Court for the Southern District of Georgia)

Explaining why South Carolina joined the ranks of states challenging the rule, the state’s Attorney General Alan Wilson explained: “The EPA’s proposed expansion would bring many roadside ditches, small ponds on family farms, water features on golf courses, and storm water systems under extremely burdensome federal regulation.”

The Clean Water Rule is scheduled to become effective August 28.