(COLUMBUS, Ohio)—Ohio Attorney General Mike DeWine today filed a lawsuit against the U.S. Army Corps of Engineers and the U.S. EPA over the federal government’s controversial new regulations defining “waters of the United States,” which were published this morning in the Federal Register. DeWine, who was joined in the lawsuit by Michigan Attorney General Bill Schuette, filed the lawsuit in federal district court in Columbus.
“This rule clearly violates both the language and the spirit of the Clean Water Act, which recognizes the rights of states to serve as trustees of their natural resources,” said Attorney General DeWine. “This is yet another example of the Obama administration overreaching its authority and unilaterally attempting to concentrate power in the hands of federal bureaucrats.”
Pursuant to the Clean Water Act, the federal government has regulatory control over “navigable waters,” which are defined as “waters of the United States, including territorial seas.” However, new rules promulgated by the U.S. Corps and U.S. EPA attempt to define “waters of the United States” to include almost every conceivable water tributary in the country and even adjacent dry land and dry creek beds, with little limit on federal jurisdiction. The new regulations have few exceptions, notably for trivial water bodies such as “puddles” and certain swimming pools.
There is concern the overly-broad definition of “waters of the United States” could be used by the federal government to penalize landowners improperly. For example, the definition could be used to penalize a homeowner who remedies standing water on their property if it is within 1500 feet of even a normally dry stream bed.
Attorney General DeWine is asking the court to vacate the rule, enjoin the defendants from seeking to claim jurisdiction under the rule, and remand the matter so the agencies can propose new rules which are consistent with the U.S. Constitution and the Clean Water Act.
The case, filed in the United States District Court for the Southern District of Ohio, Eastern Division is State of Ohio, et al v. United States Army Corps of Engineers, et al. A copy of the lawsuit is available on the Ohio Attorney General’s website.
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Documents
Copy of Lawsuit (PDF)
Media Contacts
Dan Tierney: 614-466-3840
Lisa Hackley: 614-466-3840