Attorney General Kobach joins lawsuit aiming to vacate ‘Waters of United States’ rule

TOPEKA, Kan. (WIBW) - Kansas Attorney General Kris Kobach has joined a multistate lawsuit against the Environmental Protection Agency — requesting a federal court to vacate the “Waters of the United States” rule.

According to Kobach, the rule was created to define the geographical reach of the EPA’s and Army Corps of Engineers’ authority to regulate streams, wetlands, and other bodies of water under the Clean Water Act. The new rule even redefines “navigable waters” to include ponds, particular streams, ditches, and more under the Act.

Kobach said this rule was created after the Trump Administration constructed the 2020 Navigable Waters Protection Rule, which Kobach says provided a restrained vision of federal authority under the CWA.

However, the coalition argues that the rule would affect farmers who would need to gain permission from the EPA and the Army Corps of Engineers to fill or dredge wetlands or waterways or specific bodies of water that fall under to government’s purview. Kobach also mentioned that even property owners, miners, and developers desiring to use their land could face the same implications.

The lawsuit states that “if the final rule is left in place, then ranchers, farmers, miners, homebuilders, and other landowners across the country will struggle to undertake even the simplest of activities on their own property without fear of drawing the ire of the federal government.”

Kobach, along with more than 20 other states, also said they believe the EPA and Army Corps rushed to issue this final, citing, “Even though the Supreme Court is expected to issue a key decision on the scope of WOTUS in just a few weeks time.” Explaining why the coalition believes the rule is “flawed and unlawful.”

The lawsuit further indicates that “Landowning Americans of all stripes will thus be left with a choice: (a) fight their way through an expensive and lengthy administrative process to obtain complex jurisdictional determinations and permits or (b) face substantial civil and criminal penalties. The Final Rule’s ambiguous environmental benefits do not justify any of this.”

“The time has come for the federal government to stop its unconstitutional attempts to regulate every dry ditch and farm pond in Kansas,” Kobach said. “This lawsuit is about the original meaning of the Constitution, and we are going to hold the Biden administration to it.”

To view the lawsuit, click HERE.