AUSTIN – Friday, the U.S. Court of Appeals for the Sixth Circuit granted a nationwide stay in the case challenging the validity of Environmental Protection Agency’s “Waters of the United States” (WOTUS) rule. Petitioners claim EPA overstepped statutory authority by implementing its plan to regulate free flowing water. The Texas Public Policy Foundation’s Director of the Center for the American Future, Robert Henneke, issued the following statement:

"Under the WOTUS Rule, the EPA would subject any area where water occasionally flows to its jurisdiction, requiring permits for many activities currently regulated by state and local governments. The unnecessary red tape would be a disaster, particularly for construction and agriculture. Today’s stay prevents the EPA from threatening property rights with this rule for the time being, but the fight against its arbitrary abuse of power is far from over.”

To schedule an interview with Mr. Henneke, please contact Caroline Espinosa at[email protected] or 512-472-2700.

The Honorable Robert Henneke is the Director of the Foundation’s Center for the American Future.

The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin, Texas.

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