A decision by the Sixth Circuit of the U.S. Court of Appeals has put the Environmental Protection Agency’s (EPA’s) Waters of the United States Rule (WOTUS Rule) on hold for all 50 states, giving clubs a much needed respite from the rule’s impact.
In a case filed by 18 states, including Florida, Michigan, North Carolina and South Carolina, a unanimous three-judge panel ruled that EPA could not enforce this new regulation while the case is ongoing. Therefore, the WOTUS Rule has been enjoined nationwide, effective Oct. 9, 2015.
In its order, the court stated that the Plaintiffs were entitled to the stay because their case was likely to succeed at trial, which is great news. In addition, the court also addressed the fact that 13 states are already free from the impact of this rule because of a different federal court ruling. The reality that EPA could enforce its rule in 37 states but not in the remaining 13 states was unacceptable to these judges. Therefore, the rule was stayed across the country.
In its current form, the WOTUS Rule will cause private clubs’ ponds, creeks and streams to fall under the Clean Water Act. As such, those clubs could be subject to EPA requirements that will regulate the use of certain chemicals and fertilizers on their golf courses. For a summary of the rule, please click here.
This ruling puts these new requirements on hold until a final decision is issued by the court, which could take a few months at minimum.
In addition to our efforts to stop the rule through the courts, we are also working with our allies in the House of Representatives as well as the Senate to prohibit funding for the WOTUS Rule in the FY16 government funding bill. We have received strong support for this so we will continue pushing for its inclusion in the final funding legislation.
As of today though, NCA members can breathe a sigh of relief as this rule is no longer a concern for the moment. However, things can change so we will continue to fight to remove it from the books permanently.
Should you have any questions about the rule or its impact on your club, please contact NCA’s Vice President of Government Relations and General Counsel, Brad D. Steele, at [email protected].