NCBA files motion to strike down President Biden’s WOTUS rule

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The National Cattlemen’s Beef Association and partners filed a motion in the U.S. District Court for the Southern District of Texas asking the court to strike down the Biden Administration’s WOTUS rule in light of the Supreme Court’s decision in Sackett vs. EPA.

NCBA Chief Counsel Mary-Thomas Hart says WOTUS deserves a re-write.

“In Sackett v. EPA, the Supreme Court unanimously ruled that the EPA had overstepped its authority under the Clean Water Act. A full rewrite of the Biden Administration’s WOTUS definition is the only path to comply with the Sackett decision. NCBA is seeking summary judgement in our lawsuit against the Biden WOTUS rule and urging the Southern District of Texas to strike the rule from the books.”

Earlier today, the White House says they will use the Supreme Court’s ruling on the Sackett case as part of its WOTUS rulemaking, which EPA says would be updated by September 1st. The new rule would amend the previous one issued in January that went into effect in March.