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Rutledge Joins Coalition Supporting New WOTUS Rule


April 16, 2019

Says, ‘Obama-era rule was never about protecting our water in a responsible way’

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today joined 16 other states in submitting a letter to the Environmental Protection Agency (EPA) and the Army Corps of Engineers in support of the proposed revisions to define the “waters of the United States” (WOTUS).

“The overreaching Obama-era rule was never about protecting our water in a responsible way, and their action had disastrous implications for Arkansas farmers,” said Attorney General Rutledge. “The proposed revisions return the EPA to its core mission of environmental enforcement, pollution mitigation and disaster cleanup.”

The comment letter from Rutledge and her colleagues is part of the efforts to repeal the Obama-administration rule which allowed the EPA and Army Corps of Engineers to assert federal authority over a vast number of small bodies of water, including roadside ditches, short-lived streams and any other area where water may flow once every 100 years.

In 2017, President Donald J. Trump directed a review of the WOTUS definition. And in February, a new rule was proposed which would not only rescind the unlawful Obama-era rule, but would also promulgate a new definition of WOTUS which would restore an understanding that is faithful to the text of the Clean Water Act.

Rutledge is part of a coalition that helped secure a nationwide injunction blocking enforcement of the rule in August 2015, allowing the new administration to review the rule. She also testified in front of the U.S. Senate Committee on Agriculture, Nutrition and Forestry in March 2015 urging the EPA and U.S. Army Corps of Engineers to withdraw the Obama-era rule because of the negative impact it would have on Arkansas farmers.

Rutledge joined attorneys general from Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas, and Utah in signing the letter, which was led by the attorney general from West Virginia.

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