Opinion by Kentucky Attorney General Russell Coleman
FRANKFORT, KY (July 31, 2024) -- Attorney General Russell Coleman penned the following column about the fight against the Biden-Harris Administration's overreaching water rule. It was published today in the Courier Journal:
As Kentuckians, we've been blessed by geography. Our Commonwealth is at the heart of America's inland waterways—providing easy access for our people and our products. Farmers, workers and sportsmen have been good stewards of our God-given resources for generations. We take care of these natural gifts today and work to preserve them for years to come.
It's too bad the Biden-Harris Administration and its nonsensical green agenda have totally disregarded our deep connection to Kentucky's resources. Again and again, the EPA and an alphabet-soup of federal bureaucracies have tried to stick their noses into Kentucky's land, air and water. Why would far-off Washington think its clumsy power grab could take care of Kentucky better than the men and women who live here every day?
WOTUS regulates every pond, ditch and puddle
It's unlawful, and even worse, it nearly always leads to devastating results.
There's no better example of this regulatory overreach than the so-called "Waters of the United States" (WOTUS) rule. As initially drafted, it empowered federal bureaucrats to regulate nearly every pond, ditch and puddle in Kentucky—including on private property. Under the rule, Kentucky farmers would be forced to seek expensive permits just to make simple updates to their property. Otherwise, they would face serious legal penalties.
We know what happens when costs go up for farmers and entrepreneurs, especially during historic inflation. Everyday Kentucky families see higher prices at the grocery store, fewer jobs created on Main Street and more foreign imports displacing American-made products.
Big government politicians are relentless
This water rule is like a bad penny. We've been battling it for nearly a decade—even helping to secure a major victory at the U.S. Supreme Court. But it just keeps coming back. Big-government politicians are relentless in thinking they can make rules for our land, air and water better than those of us who have been caring for them for generations.
It's been a long legal fight, and we're not stopping until we win. We recently argued Kentucky's case before the U.S. Court of Appeals for the Sixth Circuit. The court cleared the way for us to continue our years-long effort to send this tired and failed water rule to the trash heap once and for all.
To understand how far back this bad idea goes, we have to look at President Obama's attempt to tie Kentucky up in red tape. When the Obama-era rule was published in 2015, Kentucky's Attorney General Jack Conway—a Democrat—took his own party's President to court.
Kentucky doesn't need the EPA's help
Opposition to the water rule isn't about political party. The challenges are about the proper role of the state and federal governments. The Commonwealth of Kentucky has the lawful responsibility to protect and preserve our own land, air and waters. We've been doing it for years, and—in most cases—we don't need the EPA's help.
The chorus opposing President Obama's terrible water rule grew so loud, and after court rulings striking it down, the EPA eventually rescinded it altogether. This was a major victory for Kentucky families and workers. But it was short lived.
It wasn't long before the Biden-Harris Administration decided to come after Kentucky growers and producers once again. They dusted off President Obama's idea and tried to foist a similar rule on Middle America.
Their first attempt at a water rule would have been devastating for Kentucky. Don't take my word for it. The U.S. Supreme Court made clear the rule was unlawful by going far beyond the federal government's authority.
Now, they've come back with a revised rule, which they say is "slimmed down." But it still has some of the same problems for Kentucky and contradicts the Supreme Court's ruling. This is the regulation we're seeking to continue fighting in court today, alongside farmers, entrepreneurs and homebuilders. And it's a fight we must win.
Growing up in rural Western Kentucky and spending my adult life traveling to every corner of this great Commonwealth, I've seen good stewardship, and I've lived it. Whether it's the farmer who works the land to feed his family, or the sportsman who passed down the tradition through generations, the respect our people show for our shared home state is on full display.
It's these men and women—not bloated federal bureaucracy—who will preserve our natural resources for the future. As long as I'm Attorney General, I'll fight to protect their right to do it.
Russell Coleman is the Kentucky Attorney General. He is a national leader pushing back against federal overreach, especially from the EPA, and is part of more than a dozen legal challenges to the Biden-Harris Administration's green agenda.
