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    Rutledge Joins Request for U.S. Supreme Court to Review EPA’s Runoff Regulations

    December 11, 2015

    LITTLE ROCK – Arkansas Attorney General Leslie Rutledge is part of a bipartisan group of 22 State attorneys general asking the U.S. Supreme Court to review a lower court’s decision that allows the EPA to usurp a State’s authority to regulate runoff from sources such as farmland.

    Led by Kansas Attorney General Derek Schmidt, the attorneys general have filed an amicus brief asking the Supreme Court to hear the case from the U.S. Court of Appeals for the 3rd Circuit. The 3rd Circuit upheld the EPA's effort to impose a vast and expensive federal regulatory regime that micromanages nutrient and sediment runoff in States in and around the Chesapeake Bay region.

    Under a deeply flawed interpretation of the plain language of the Clean Water Act, the EPA exceeded its authority to set a total maximum daily load for water pollutants in the region and unilaterally granted itself the power to make thousands of land-use decisions that have traditionally been, and should remain, State decisions.

    “Under the Clean Water Act, it is clear that States retain exclusive authority to regulate in this manner,” said Attorney General Rutledge. “The EPA is once again exceeding its legal authority under the Clean Water Act and wants to micromanage how States meet federal water quality standards. If the EPA wishes to regulate these sources, it should seek authority from Congress to do so and should not act through unilateral regulations that violate the rights of States."

    Attorney General Rutledge added that she joined the brief because “if the EPA’s unlawful conduct in the Chesapeake Bay region is allowed to persist, the EPA may have a clear path to take the same actions here in Arkansas or in this region."

    The brief was filed in American Farm Bureau Federation, et al., v. United States Environmental Protection Agency, et al.

    In the brief, the attorneys general write, “The Third Circuit’s decision allows the EPA to seize expansive authority at the expense of States’ traditional control over land management decisions, without a clear statement from Congress approving or authorizing such a disruption from the federal-state balance.”

    In addition to Kansas and Arkansas, other states joining the brief included: Alabama, Arizona, Colorado, Georgia, Indiana, Kentucky, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Wisconsin and Wyoming.

    A copy of the brief is available by clicking here.

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