Late last week, President Biden issued a veto of a Congressional Review Act resolution which would have reversed a final rule issued by the Environmental Protection Agency (EPA) at the end of December. This Waters of the United States (WOTUS) rule has received significant pushback from agricultural groups and was challenged by several Republican-led states. On Wednesday, a District Court judge in North Dakota issued an injunction in support of these states, causing the rule’s implementation to be halted in those involved. Unfortunately, this does not include California at this time.
While this represents a significant development for the EPA’s WOTUS rule, the biggest impact is still likely to come when the Supreme Court issues a determination in the Sackett vs. EPA case that was heard in October. A ruling could be issued as early as Friday and CAFB will be sure to update members as that develops. Although the justices seemed leery of the expanded authority federal authority relating to WOTUS, there is no guarantee that a decision will be beneficial to the ag industry.