UPDATE: November 18, 2015
Congressional Attempts to Kill Clean Water Rule Beaten Back
Prairie Rivers Network & friends urging Illinois Attorney General to intervene on behalf of Clean Water Rule.
Since we last posted on the Clean Water Rule, Senate Republicans have made two attempts to kill the Rule. One attempt was with a bill introduced by Senator John Barrasso of Wyoming; what many have called the Dirty Water Bill. The second attempt was made using the Congressional Review Act, which is a law that gives Congress the power to invalidate an agency regulation through passage of a joint resolution.
We’re happy to report that Senator Barrasso’s Dirty Water Bill was defeated and that we fully expect the Congressional Review Act challenge to be vetoed by President Obama.
But victory is not quite here yet. There remains a very real threat that opponents in Congress will destroy the rule through the appropriations process, which controls expenditures by the federal government. We expect opponents to, among other things introduce measures that would prevent the EPA and the Army Corps from spending any money to implement the rule, rendering it meaningless. Prairie Rivers Network and other national allies will work to defeat these attempts.
Meanwhile, Prairie Rivers Network has been organizing farmers and business owners in Illinois to write to Illinois’ Attorney General Lisa Madigan and urge her to intervene in the Court of Appeals lawsuit (discussed below) on behalf of the people of Illinois and in support of the Clean Water Rule. Several states have already done so, and we think Illinois should join them.
Original Post: October 25, 2015
Clean Water Rule Put on Temporary Hold by U.S. Court of Appeals
Prairie Rivers Network continues to work hard to see rule is upheld
Over the past year, we’ve blogged, tweeted, created video, posted on Facebook, organized, and just generally talked a lot about the Clean Water Rule. The rule was finalized by the U.S. EPA this summer and was scheduled to take effect on August 28th, 2015. As is the custom with new regulations these days, the rule was challenged in court by industries intent on ensuring anti-pollution regulations do not apply to them. Unfortunately, many states, apparently beholden to these industries, joined the anti-Clean Water Rule lawsuits.
Most recently, on October 5, 2015, a federal appellate court granted a temporary stay on the rule, meaning U.S. EPA and the Army Corps of Engineers cannot implement the rule until the court proceedings are settled. It’s important to note that the very court issuing the temporary stay noted the long overdue need for the clarifications the new rule strives to achieve and the reliable nature of the science used to formulate the rule.
Because the rule is so necessary, because it was extensively vetted by qualified scientists, and because a great majority of Americans polled support the Clean Water Rule, we are confident the courts will uphold the rule, and that we will finally get down to the business of protecting our smallest, most vulnerable streams and wetlands. In the meantime, Prairie Rivers Network will continue to work with our allies across the nation to realize the benefits of this important rule.
