National Cattlemen’s Beef Association Challenges EPA’s New Clean Water Act Rule

The National Cattlemen’s Beef Association, the National Petroleum Institute, the National Pork Producers Council, the U.S. Poultry and Egg Association, the National Association of Realtors, and a dozen other industry groups filed a lawsuit in the U.S. District Court for the Southern District of Texas, Galveston Division against the U.S. Environmental Protection Agency (EPA) challenging the agency’s final rule defining the scope of waters protected under the Clean Water Act (CWA). Plaintiffs claim the rule is unconstitutional because it allegedly “expands [the EPA’s] CWA jurisdiction far beyond the bounds of the Commerce Clause and the federalism limits embodied in the Constitution, the authority delegated to the Agencies by the CWA, and governing Supreme Court precedent.” Plaintiffs seek declaratory and injunctive relief, and vacatur of the rule.