Multistate coalition supports Waters of the United States rule

ATLANTA — Georgia Attorney General Chris Carr this week joined a 17-state coalition supporting farmers and landowners by urging the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers to adopt its proposed replacement of the Waters of the United States, or WOTUS, rule.

“Our office has been leading litigation to prevent the implementation of the 2015 WOTUS rule for almost four years,” Carr said. “That rule would have given the federal government jurisdiction to implement complex federal mandates over state natural resources, including roadside ditches, streams and many other areas.

“That’s unacceptable, and Georgia is proud to be at the forefront of these efforts to stand up for our farmers and landowners.”

The coalition, in comments filed late Monday, explained the proposed replacement would restore “reasonable, predictable lines between waters subject to federal regulation and those left to be regulated by the states.” The coalition said it believes the new rule will correct flaws in the 2015 regulation, which it said extended the authority of the EPA and Corps of Engineers beyond what Congress intended and the U.S. Constitution permits.

“The new rule also respects the primary responsibility and right of states to protect their own water resources,” a news release from Carr’s office said.

Georgia signed the West Virginia-led letter with attorneys general from Alabama, Arkansas, Idaho, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas and Utah.

In addition to this joint effort, Georgia currently leads litigation challenging the 2015 rule on behalf of an 11-state coalition. Last June, that coalition secured a preliminary injunction to block its implementation.

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