Friday was not a good day for the Obama EPA.

The Sixth Circuit Court of Appeals expanded the stay on the Administration’s land-grabbing water rule beyond the  states that appealed, to the entire nation.

The pushback against regulatory overreach is on!

As Reuters reports, “the U.S. Court of Appeals for the 6th Circuit granted a nationwide stay against the so-called Waters of the United States (WOTUS) rule, which is intended to clarify which bodies of water are covered by the Clean Water Act. The rule was finalized by the Environmental Protection Agency and the U.S. Army Corps of Engineers in May but still faces political and legal opposition.

The appellate court said that the 18 states challenging the new standards WOTUS pine gully zwere unlikely to face immediate irreparable harm from the rule, but there was also no evidence that the nation’s waters would suffer “imminent injury” if the regulation was put on hold.”

When a Wyoming judge granted a stay to 13 states last month, EPA was defiant and vowed to press on.  This ruling appears to have knocked the fight out of EPA, at least for now.  Reuters further reports that, “EPA said it respected the court’s decision to allow more consideration of the issues raised by the case.”

CFACT been working diligently on this issue for some time.  We have substantial coverage at

It is the job of the courts to rein in the bureaucracy when it goes too far.  Let’s hope the end result will be the WOTUS rule struck down and a win for state and individual property rights.

Is our law-stretching bureaucracy now under adult supervision?


  • Craig Rucker is a co-founder of CFACT and currently serves as its president.