LINCOLN- On Thursday, Nebraska Attorney General Mike Hilgers announced that Nebraska, alongside 24 other states, would bring forth a lawsuit against the Biden administration's rule defining Waters of the United States, or WOTUS. The multi-state coalition claim that the U.S. Environmental Protection Agency and Army Crops of Engineers rushed to implement the new rule, despite concerns from the Supreme Court, which will be weighing in on the scope of WOTUS in a few weeks.

AG Hilgers, in a statement, stated that WOTUS negatively impacts Nebraska farmers, who will now need to obtain permission from the EPA and Corps of Engineers to fill or dredge wetlands or waterways depending on if those features fall under the federal government's jurisdiction. "If the final rule is left in place, then ranchers, farmers, miners, homebuilders, and other landowners across the country," said the coalition's lawsuit, "will struggle to undertake even the simplest of activities on their own property without fear of drawing the ire of the federal government."

The Obama administration previously sought to introduce WOTUS, but the Trump administration replaced the WOTUS rule with the Navigable Water Protection Rule, which was finalized in 2020 and significantly narrowed federal jurisdiction. President Biden expanded WOTUS again, and Hilgers claimed in his statement that "navigable water" under the new rule is defined as ponds, certain streams, ditches, and other bodies of water under the Clean Water Act.

For the full article click HERE