Beef Buzz News
California Judge Surprisingly Rules In Favor Of Trump Water Rule, Thus Supporting Agriculture, Says NCBA's Scott Yager
Fri, 21 Aug 2020 08:42:37 CDT
The new Trump water rule, officially called the Navigable Waters Protection Rule, is being challenged by a multitude of environmental groups searching for a favorable judge to rule in their favor.
Ron Hays Beef Buzzes With Scott Yager
One of the more prominent cases can be found in California, says Scott Yager, Chief Environmental Counsel of the National Cattlemen's Beef Association. He recently talked with Radio Oklahoma Ag Network Farm Director Ron Hays.
Now this is really interesting because (the presiding judge) Judge Seeborg has a long history of striking down Trump executive orders, Yager said.
Surprisingly in motions for preliminary injunction filed by the “blue” states, Judge Seeborg went against them and he found the government had done its job, Yager said.
Another case is in South Carolina where environmental groups are taking a different tactic to overthrow the Trump water rule.
Rather than fighting on preliminary injunctions, they went straight to fighting on the merits which is basically a motion for summary judgment.
Judge Norton has issued a briefings schedule that puts a decision probably at the end of this year or early next year, Yager said.
This is all about making it clear what is, and what is not a navigable water of the U.S.
Yager said the biggest difference between the Obama rule and the new Trump law is getting rid of ephemeral features. Those are the features that only convey water during or after a rain or snowmelt; that was categorically regulated under the Obama administrations rule.
The Obama rule regulated just about everything, Yager said.
The trump rule shaved back some of that federal overreach and less bodies of water are regulated, Yager said.
It is much better, it is not perfect as the new rule has some issues, but this is a big victory for agriculture and landowners, he said.
Click on the LISTEN BAR below to hear more of Ron’s interview with Scott Yager.
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