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☛ Farm Bureau asks court to block WOTUS Rule 2-19-18

The American Farm Bureau Federation, the Texas Farm Bureau and other members
of a broad industry and agricultural coalition have asked a federal district court in
Texas to issue a nationwide stay blocking the Obama administration’s illegal 2015
“Waters of the U.S.” rule from taking effect on farms and ranches across the nation.
The race to the courthouse follows the U.S. Supreme Court’s recent decision
that the U.S. Court of Appeals lacked jurisdiction over legal challenges to the 2015
rule, resulting in the imminent lifting of a nationwide court order that has blocked
the rule since October 2015.

AFBF’s filing also follows Tuesday’s publication of the U.S. Environmental Protection
Agency and the Army Corps of Engineers’ “applicability date” rule, which delays
application of the 2015 WOTUS rule for two years while the agencies consider its
possible repeal or revision. Eager to have the 2015rule go into effect, a handful of
states and environmental organizations have already challenged the applicability date
rule and vowed to seek immediate court orders allowing the 2015 rule to go into effect.

“Every move by the agencies triggers new lawsuits to resurrect this hopelessly vague
and dangerous rule,” AFBF General Counsel Ellen Steen said. “If those lawsuits bring
the 2015 rule into effect, even for short periods of time, dry ditches, drains and low
spots on farm fields will be ‘dry land’ one day and a ‘water’ the next.

AFBF filed the request for a preliminary injunction to avoid widespread uncertainty
and legal risk for farmers and ranchers while the agencies move forward with possible
permanent changes. Farm Bureau made its request in the U.S. District Court for the
District of Texas, the same court in which AFBF filed its original legal challenge to
the 2015 rule.

-30-

Contact: Will Rodger, Director, Policy Communications, (202) 406-3642
willr@fb.org
or
Kari Barbic, AFBF Media Specialist, (202) 406-3672
karib@fb.org

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