According to the National Stone, Sand & Gravel Association (NSSGA), 27 states have filed lawsuits alleging federal expansion over state waters. The challenges say the Waters of the U.S. rule violates the Clean Water Act, the Administrative Procedure Act, the National Environmental Policy Act and the commerce clause of the U.S. Constitution.
Texas, Mississippi and Louisiana filed a joint complaint in the U.S. District Court for the Southern District of Texas, claiming the rule is unconstitutional. Ohio and Michigan filed a complaint in the U.S. District Court for the Southern District of Ohio, alleging the expansion of jurisdiction includes dry land. Montana, Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Nebraska, New Mexico, Nevada, North Dakota, South Dakota and Wyoming filed a lawsuit in the U.S. District Court for the District of North Dakota, saying the final rule would harm states as regulators of the waters and lands. Finally, Georgia, Alabama, Florida, Kansas, Kentucky, South Carolina, Utah, West Virginia and Wisconsin filed a lawsuit in the U.S. District Court for the Southern District of Georgia, asking the court to vacate the rule and block its enforcement by injunction.
Read more in Pit & Quarry.