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Last Week

The House and Senate were in recess. In a last-minute reprieve for the farming and manufacturing industry, a federal court in North Dakota ruled against the Obama administration's planned Waters of the U.S. rule that was set to go into effect last week.

ASA has joined with over 350 business groups in writing the EPA to voice our concerns and opposition to this rule. As our letter said, "At the most fundamental level, the proposal as written represents an unjustified expansion of Clean Water Act jurisdiction far beyond the limits of federal regulation explicitly established by Congress and affirmed by the courts. The proposal would, for the first time, give federal agencies direct authority over land use decisions that Congress has intentionally reserved to the States. It would intrude so far into traditional State and local land use authority that it is difficult to imagine that any discretion would be left to State, county and municipal governments." To see our letter, click here.

The federal injunction is one of more than a dozen lawsuits related to this rule. It should be noted that the injunction is only limited to the 13 states involved in the suit: Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming. more

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