The Biden Administration is not giving up on its Waters of the U.S. (WOTUS) rule, even after the Supreme Court in May struck down the rule?s cornerstone, the ?significant nexus? test for EPA power over wetlands.
The Biden administration?s Environmental Protection Agency and Army Corps insist they can still implement the bulk of their Waters of the U.S. rule, according to National Cattlemen?s Beef Association Chief Counsel Mary-Thomas Hart.
NCBA and a coalition of groups have asked a federal district court in Texas to strike down the Biden WOTUS rule nationwide, given the Supreme Court?s unanimous decision in Sackett v. EPA. Hart argues a ?surgical approach? to fixing WOTUS won?t work.
The High Court, in a victory for private property rights, ruled a wetland must have a ?continuous surface connection? with a U.S. water to fall under the EPA?s control. The Biden rule is under injunction in 27 states and not being enforced in the remaining 23.
