Mar 21, 2023

NCBA concerned with District Court decision to let WOTUS rule stand

Posted Mar 21, 2023 5:41 PM

The Biden administration's version of the Waters of the U.S. rule went into effect Monday.

The National Cattlemen's Beef Association expressed displeasure in a District Court decision to deny a preliminary injunction of the rule.

NCBA President Todd Wilkinson says, "This latest WOTUS rule will place more burdens on family farms and ranches, drive up costs, and prevent cattle producers like me from making investments in our land."

The Environmental Protection Agency finalized the latest WOTUS rule at the end of 2022. NCBA and its litigation partners filed a lawsuit seeking to overturn the rule on January 18, 2023.

NCBA sought a nationwide preliminary injunction, which would have prevented the federal government from implementing the WOTUS rule until the entire case is decided.

Instead, the court granted a limited injunction in only two states—Texas and Idaho. NCBA Chief Counsel Mary-Thomas Hart adds, “The court’s decision to keep the Biden administration’s WOTUS rule in place is concerning and irresponsible.”