On Friday, the U.S. Court of Appeals issued a temporary stay to the Waters of the U.S. Rule. The rule was written to clarify which water bodies were covered under the Clean Water Act. In response to the rule, 27 states including Florida, challenged the EPA rule passed in May. The court decided that while the challenging states would unlikely suffer irreparable harm if the rule was implemented it also determined that the water bodies covered under the rule would not suffer "imminent injury" if the rule was stayed to allow all parties a chance for more thoughtful deliberation.
Clarifying the Waters of the U.S. rule is a federal priority of FAC adopted by our members. FAC will continue to advocate that any EPA rule clarify that local streets, gutters & storm water infrastructure are excluded under the Clean Water Act and federal officials should consult with state & local officials to determine which waters should be federally regulated and which should be left to the states.