Unlawful Waters of the United States Rule
AUSTIN – Attorney General Paxton has filed a lawsuit defending Texans from the Biden Administration’s unlawful rule defining “waters of the United States” (“WOTUS”), which would assert federal control over Texas land.
Under the WOTUS rule, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of the Army are seeking to grow federal administrative power by expanding the limits of their own jurisdiction far beyond what Congress delegated to them. By design, Congress expressly limited their jurisdiction to “navigable waters.”
Ignoring Congress’s direction, Biden’s WOTUS rule seeks to subject land with isolated wetlands, ephemeral streams, and off-channel reservoirs to federal permitting process. It would also disrupt the State’s development and management of its own energy, agriculture, and transportation infrastructure.
“Legal action is necessary to curtail this Administration’s continued intrusion into the rights of Texans and our ability to control our own natural resources,” Attorney General Paxton said. “I’m proud to file this lawsuit challenging Biden’s WOTUS rule and remain committed to pushing back against the Biden Administration’s radical climate agenda.”
In 2019, Attorney General Paxton won a major victory after a U.S. District Court ruled that the Obama-era WOTUS rule, which similarly attempted to expand the reach of federal environmental regulations in a way that would harm Texans and the Texas economy, was unlawful.
To read the full lawsuit, click here.
