As the EPA continues its onslaught of regulations, aggressively attempting to expand its jurisdiction, Arizona received some reprieve yesterday thanks to Attorney General Mark Brnovich.
The EPA’s rule to define “Waters of the U.S.” subject to the Clean Water Act was set to take place today. The Arizona Chamber and more than 30 other business groups filed comments urging EPA to reject the rule because it was based on East Coast science and would have resulted in Arizona’s ephemeral streams and seasonal washes to regulation under the Clean Water Act. EPA did not address this concern in the final rule, issued earlier this summer.
Attorney General Brnovich joined Arizona to a multi-state lawsuit requesting a stay on the rule until the many legal challenges to the rule are sorted out. Yesterday, a North Dakota federal district court judge agreed, and granted the stay. Word is that EPA is interpreting the decision as only applicable to the plaintiffs in the suit. This means that for 37 other states, this rule is reality today.
Luckily, Arizona will not be one of those states. We will have some breathing room until the courts ultimately determine whether or not EPA exceeded its authority in promulgating the rule.
Kudos to Attorney General Brnovich, for standing up to federal regulatory overreach and representing Arizona’s interests.