CHARLESTON, W.Va. — A nationwide stay issued by the 6th Circuit Court of Appeals in the Water of the United States ruling is one of the many things Attorney General Patrick Morrisey was eager to see as the case proceeds.
Attorney General Patrick Morrisey said this ruling is a win for those who believe the EPA encroached too far.
“The EPA is trying to dramatically expand the definition of what is a water of the United States, and the way the statute works the Federal Government has been given the ability to regulate ‘navigable waters,'” he said during the MetroNews-affiliated “The Mike Queen Show” on Monday.
The rule would have increased the size of federally protected waters by three percent, but has drawn criticism over some of the waters defined under the rule.
“You don’t typically think of an ephemeral stream or a backyard ditch, and so what the EPA tried to do in the Waters of the United States rule is dramatically expand their jurisdiction to regulate some of these waterways,” he said.
Supporters of the rule believe that it’s impossible to protect larger lakes and rivers without protecting the smaller creeks that flow into them, but opponents believe that the regulatory nature of the rule will hurt the U.S. economy.
“The reason why this is so critical for West Virginians is that you have farmers, homeowners, contractors, home-builders, folks in the oil and natural gas industry, retail establishments–people across the board–who are looking to utilize their properties in a manner consistent with state law.”
Morrisey was concerned that citizens may violate the rule without realizing it and be subject to thousands of dollars in daily fines.
“And all of a sudden here you have this waters rule, which could subject people to these penalties, and the folks may not even know that they’re being subject to the provisions of the Waters of the United States rule,” Morrisey said.
The EPA and U.S. Army Corps of Engineers cited a need for the rule, claiming the U.S. Supreme Court rulings in 2001 and 2006 created an unclear climate on the issue; and that WOTUS would clarify the standing of federally-protected waters.
The nationwide stay means that litigation on the rule will continue.