Jan 19, 2023
NSSGA Files Legal Challenge to Premature and Overreaching WOTUS Rule
The National Stone, Sand & Gravel Association joined a coalition representing aggregates producers, farmers, home builders and others representing a broad swath of the U.S. economy to file a complaint in the U.S. District Court, Southern District of Texas, Galveston Division on Jan. 18. NSSGA’s President and CEO Michael Johnson issued the following statement:
“The Environmental Protection Agency and the U.S. Army Corps of Engineers had no reason to finalize this new rule when the Supreme Court is deliberating the concept of significant nexus underpinning the rule and due to release a decision within a few months. Having a new rule that is likely to only be in effect for a short time – the fifth in a decade – will have a chilling effect on the aggregate industry’s ability to provide materials needed for vital infrastructure projects. The new rule is vague, reaches too broadly and will slow down or halt projects; increasing costs and impacting jobs all without improving water quality.”
In December 2022, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) released their final Waters of the United States (WOTUS) rule in advance of the Supreme Court of the United States’ decision, adding to confusion surrounding the rule.