The pork industry and other ag interests argued before the Supreme Court that now possibly moot lawsuits over the Obama administration Waters of the US. (WOTUS) rule should be handled at the federal district court level, not before an appellate court.
The National Pork Producers Council and dozens of other agriculture groups in oral arguments before the high court, say the 2015 WOTUS rule put on hold by the US 6th Circuit Court of Appeals in Ohio a year ago, should be heard in US district court.
Pork Producers’ spokesman Dave Warner.
But Warner admits, the whole issue of court jurisdiction may be moot.
The Trump order to the Environmental Protection Agency proposes to work with stakeholders on a rule that still protects waterways, but is more workable for pork producers and others.
But if that manure is put in a gully, Warner says objectors could argue a permit’s required, since the original WOTUS expanded EPA jurisdiction to upstream waters and intermittent streams and ditches that farmers may use for drainage and irrigation.
The EPA and Army Corps are now taking oral public comments and will take written comments up to November 28th.
From the National Association of Farm Broadcasting News Service.