The American Farm Bureau Federation, along with dozens of agricultural, business and municipal entities, have asked a federal court to vacate the EPA’s and the U.S. Army Corps of Engineers’ “Waters of the United States” rule.
The brief, which was filed in the U.S. Court of Appeals for the Sixth Circuit on Nov. 1, lays out in detail the substance of the groups’ allegations. It follows a year of litigation over which court had jurisdiction to hear challenges to the rule.
The coalition’s brief explains how EPA flouted important procedural safeguards. EPA tactics included withholding key documents until after the public comment period had closed, ignoring and ridiculing critical public comments and issuing illegal “covert propaganda” in an effort to generate superficial public support for the rule.
The brief asks that the rule be struck in its entirety.