West Virginia and 23 other Republican-led states sued the federal government on Thursday, alleging the Biden administration’s rule establishing protections for seasonal streams and wetlands under a landmark environmental law violates the U.S. Constitution and sows confusion for landowners.
The lawsuit is the latest front in the protracted battle over the scope of the Clean Water Act and what waterways the federal government has the authority to regulate.
Texas and industry groups led by the American Farm Bureau Federation filed separate lawsuits last month challenging the rule. Previous efforts by the Obama and Trump administrations to define the law's scope also faced numerous legal challenges. The Biden administration rule would protect wetlands and seasonal streams, not just permanent waterways like the rivers and lakes they feed into. Those smaller waterways were largely eliminated from protections by a Trump administration rule.its intent to replace that rule in June 2021.
The case is State of West Virginia et al. V. U.S. Environmental Protection Agency et al., U.S. District Court for the District of North Carolina, case No. 3:23-cv-00032. For the states: West Virginia Attorney General Patrick Morrisey, Solicitor General Lindsay See and Senior Deputy Solicitor General Michael Williams
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