Judge attempts to resurrect Deep State.
I love a good zombie movie. A federal judge is trying to bring the Waters of the U.S. rule back from the dead. The Washington Times's Josh Siegel has the story:
A federal judge issued a nationwide injunction Thursday against the Trump administration for delaying the Obama-era Waters of the United States rule, dealing a setback to a key piece of President Trump's deregulatory agenda.
The decision by the U.S. District Court in South Carolina means that the so-called Clean Water Rule is again operative in 26 states where district courts have not halted the regulation.
Former Environmental Protection Agency Administrator Scott Pruitt signed a finalized regulation in February delaying the Waters of the U.S. rule until 2020 to allow the agency to go through a process of rewriting a more modest version of it.
Here's the rub: the administrative state has a long list of procedures, and Pruitt allegedly avoided the 30-day waiting period between the rule's finalization and its effective date.
In an odd twist of fate, Democrat state attorneys general sued to force the federal government to crack down on them, telling them what they can and cannot do. Ironically, the states were asking the federal government to take away their power...
The Southern Environmental Law Center represented nine groups, including Charleston Waterkeeper and the Coastal Conservation League, in filing a lawsuit over the delay.
At the same time, 11 Democratic state attorneys general filed a similar lawsuit in the U.S. District Court for the Southern District of New York.
The Obama administration rule, published in June 2015, intended to clarify which waters and wetlands are protected by the Clean Water Act and are subject to federal regulation by the EPA and the Army Corps of Engineers.
Farmers, ranchers, and developers said the rule violated their property rights, forcing them to protect the streams and tributaries that flow through their land.
Read the whole story here.