Free Republic

It's a regulation considered the most ambitious expansion of EPA's control over American waterways in history and a federal court has issued an injunction blocking its implementation. The Hill: “We conclude that petitioners have demonstrated a substantial possibility of success on the merits of their claims,” the judges wrote in their decision, explaining that the Environmental Protection Agency’s (EPA) new guidelines for determining whether water is subject to federal control — based mostly on the water’s distance and connection to larger water bodies — is “at odds” with a key Supreme Court ruling.

OK, here’s the background. Once upon a time, the Obama administration decided to implement a ruling – without the input of Congress, mind you – that defined ““waters of the U.S.” to include virtually any wet area — even a rain-fed temporary pool — that is close to any other body of water with a physical connection to a navigable waterway.” As you can imagine, this was and is a massive attempt to extend the reach of the regulatory State into areas that they do not traditionally have the ability to go into. By making essentially all waters federal waters,...

A federal court ruled Friday that President Obama’s regulation to protect small waterways from pollution cannot be enforced nationwide. In a 2-1 ruling, the Cincinnati-based Court of Appeals for the Sixth Circuit delivered a stinging defeat to Obama’s most ambitious effort to keep streams and wetlands clean, saying it looks likely that the rule, dubbed Waters of the United States, is illegal. “We conclude that petitioners have demonstrated a substantial possibility of success on the merits of their claims,” the judges wrote in their decision, explaining that the Environmental Protection Agency’s (EPA) new guidelines for determining whether water is subject...