Wisconsin Ag Connection - Wisconsin Attorney General Sues to Stop EPA on Waters of U.S.

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Wisconsin Attorney General Sues to Stop EPA on Waters of U.S.
Wisconsin Ag Connection - 07/06/2015

Wisconsin has joined eight other states in filing a lawsuit against the Environmental Protection Agency and the U.S. Army Corps of Engineers for what they claim unlawfully expands the federal government's regulatory reach over local streams, lands and farms. Attorney General Brad Schimel says the rule, known as the 'Waters of the United States,' would extend the EPA and Corps of Engineers' regulatory reach to an untold number of small bodies of water, including roadside ditches and short-lived streams or any other area where the agencies believe water may flow once every hundred years.

Schimel says the rule could have dire consequences for homeowners, farmers and other entities by forcing them to navigate a complex federal bureaucracy and obtain costly permits in order to perform everyday tasks like digging ditches, building fences or spraying fertilizers.

"Wisconsin already has strong clean water regulations and these proposed duplicative regulations will serve only to harm farmers and landowners by substantially increasing costs and delaying permits," Schimel said. "This overreaching move is yet another example of the EPA exceeding its constitutional authority to the detriment of our state."

Meanwhile, the move is getting the applause of several farm groups. Wisconsin Corn Growers President Casey Kelleher says the WOTUS rule will apply to the entire agricultural landscape and will give the federal government jurisdiction over most, if not all drainage features, waters, and wetlands on farms across the country.

"With Wisconsin joining other states to stop EPA and the Corps, this clearly shows the concern that common farming practices carried out near a WOTUS will now be a violation of federal law if the farmer has not obtained the necessary Clean Water Act permits," said Kelleher.

The complaint, which was filed on June 30, asks a federal judge to declare the rule illegal and issue an injunction to prevent the agencies from enforcing it. It also asks the judge to order the agencies to draft a new rule that complies with the law and honors states' rights.

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