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Friday, March 29, 2024

Texas nonprofit challenges redefinition of US waters

Federal Gov
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GALVESTON, Texas (Legal Newsline) – A nonprofit organization in Texas alleges that a rule published by two federal agencies violates the constitution.

Texas Alliance for Responsible Growth, Environment and Transportation filed a complaint on June 15 in the U.S. District Court for the Southern District of Texas Galveston Division against United States Environmental Protection Agency, EPA Administrator Scott Pruitt, United States Army Corps of Engineers, and Assistant Secretary of the Army R.D. James over alleged violation of the Clean Water Act, the Administrative Procedure Act and the United States Constitution.

According to the complaint, the plaintiff is challenging the defendants' June 2015 publishing of a rule that redefines the term Waters of the United States under the Clean Water Act.

"Among the features described in the final rule are Texas Coastal Prairie Wetlands (TCP Wetlands). The inclusion of the TCP Wetlands as part of the Waters of US, will make—for the first time—a myriad of sites within thousands of square miles along the Texas coast, including in and near Galveston, Texas, subject to the jurisdiction of the CWA. The TCP Wetlands are grouped together for the purposes of jurisdictional analysis and, as a result, under the final rule, the agencies impose immediate and eventual obligations on plaintiff’s members," the suit states.

The plaintiff alleges that the TCP Wetlands Provision violate the Clean Water Act, the U.S. Constitution and the Administrative Procedure Act.

The plaintiff seeks to vacate the Texas Coastal Prairie Wetlands provision of the Final Rule; award of fees, costs, expenses, and disbursements, and such further relief as the court may deems just, proper and necessary. It is represented by Lowell Rothschild and Christopher L. Dodson of Bracewell LLP in Austin and Houston, Texas.

U.S. District Court for the Southern District of Texas Galveston Division case number 3:18-cv-00176

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