Boots & Sabers

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1338, 29 Aug 15

EPA To Ignore Federal Ruling in 37 States

But Wisconsin’s AG thinks the federal ruling applies nationwide.

MADISON, Wis. (AP) — Attorney General Brad Schimel is arguing that a federal court ruling blocking new Environmental Protection Agency water pollution regulations should apply nationwide.

The EPA says the rules clarify which waterways fall under federal protection. Landowners say the rule will be burdensome because it will require more permits. Lawsuits to block the regulations are pending across the country; Wisconsin has a federal lawsuit in Georgia.

A federal judge Thursday blocked the regulations from taking effect, but the EPA maintains that injunction is valid in only 13 states. The agency plans to implement the rules in the remaining states, including Wisconsin.

Schimel said in a statement Friday that well-established precedent shows the injunction affects all 50 states and he expects Wisconsin and other states will seek clarification that the ruling applies nationwide.

I don’t know the law well enough here to have an opinion one way or the other. I do seem to recall plenty of other cases when a federal judge’s ruling was considered binding nationally unless it was overturned by a higher court.

It is worth noting that Wisconsin is not one of the 13 states. Our state failed to join this important lawsuit.


1338, 29 August 2015


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