CINCINNATI, OH – Attorney General Russell Coleman released the following statement after Solicitor General Matt Kuhn argued before the U.S. Court of Appeals for the Sixth Circuit on Thursday against the Biden Administration's latest overreach in the Waters of the United States (WOTUS) rule:
"For nearly a decade, Kentucky has been fighting the EPA's attempt to stick its nose into almost every pond, ditch and puddle. President Biden – just like President Obama before him – is obstinately pursuing this bad idea, even after the U.S. Supreme Court rejected their position. We went to the Sixth Circuit to continue our efforts to send this tired and failed regulation to the trash heap once and for all.
"Kentucky is at the heart of our nation's inland waterways, and we know best how to manage our own resources. If this rule is upheld, Kentucky's farmers, small business owners and everyday families would be subjected to a massive and unacceptable federal bureaucracy.
"Our Office will continue to fight this unlawful power grab and stand strong for Kentucky against the Biden Administration's attempt to muddy the waters."
Alongside the Attorney General's Office, the Kentucky Chamber of Commerce, the Associated General Contractors of Kentucky, the Home Builders Association of Kentucky and other groups have also challenged the Biden Administration's WOTUS rule.
Background
President Obama's EPA imposed its version of the WOTUS rule in 2015, giving massive new authority to the federal government to regulate seemingly any amount of water, including on private lands. The rule immediately faced legal challenges, including from Kentucky through then-Attorney General Jack Conway. The Obama Administration's rule was eventually rescinded, only to have President Biden's EPA impose a similar rule in early 2023.
Last May, the U.S. Supreme Court ruled in Sackett v. EPA that the Biden Administration had unlawfully overreached in regulating intrastate waters. The Administration then tried to impose a slimmed-down version of its WOTUS rule. The Commonwealth continues to challenge the Biden Administration's efforts as unlawful, especially in light of the Supreme Court's Sackett ruling.
The Biden Administration's WOTUS rule would give federal bureaucrats additional authority to reach into Kentucky's waterways, threatening our farmers and industry with costly and unnecessary regulation.
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