Attorney General Mike DeWine, on behalf of the State of Ohio and 30 other states, filed a brief this week in the U.S.Court of Appeals for the Sixth Circuit with regard to Murray Energy Corporation, et al. v. U.S. Environmental Protection Agency, et al.
This litigation resulted from efforts by the U.S. EPA and the U.S. Army Corps of Engineers to re-define, by rule, the definition of “waters of the United States” (WOTUS) under the Clean Water Act. If successful in their efforts, the U.S. EPA and the U.S. Army Corps of Engineers would expand the definition of “waters of the United States” to reach even remote and isolated waters, including such features as normally dry stream beds and other occasionally damp ground.
Our attorney general argues that the rule goes far beyond what was intended by Congress when it passed the Clean Water Act, and that a state-based approach to protection of waterways would be much more effective. 11/2/2016