WASHINGTON, DC, October 9, 2013 –The Sixth Circuit Court of Appeals today stayed the waters of the U.S. rule issued by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers that became effective on August 28. The court vote of 2-1 suspended the effectiveness of the rule nationwide.
The following statement in response to the court’s decision was issued by Dave Tenny, President and CEO, National Alliance of Forest Owners:
“We are pleased the court took the prudent step of staying the rule while it sorts through the legal issues. The finding of the court that the petitioners have a strong likelihood of success on the procedural and substantive issues in the case is encouraging, but it will take time for the Court to consider these issues individually. Postponing implementation of the rule pending a determination of its legality makes good sense. In the meantime, we continue to encourage Congress to enact legislation that will enable all parties to take a fresh look at this issue outside of the courtroom.”
The next step in the case will be a decision by the Sixth Circuit as to whether or not that court has jurisdiction to review the validity of the rule.
NAFO is a petitioner together with American Farm Bureau Federation, American Petroleum Institute, Leading Builders of America, National Association of Home Builders, National Cattlemen’s Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, American Road and Transportation Builders Association and Public Lands Council, Texas Farm Bureau and Matagorda County Farm Bureau.
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