Attorney General Laxalt Issues Statement on U.S. Court of Appeals Ruling on “Waters of the U.S.” Regulation

October 9, 2015

Carson City, NV – Nevada Attorney General Adam Paul Laxalt issued the following statement after a U.S. Court of Appeals for the 6th Circuit issued an order staying the implementation of the Environmental Protection Agency’s (EPA) new “Waters of the United States” rule nationwide. This is the second federal court to block the federal rule from being implemented in Nevada. Both courts found “a substantial possibility of success on the merits” of Nevada’s arguments that the rule is unlawful.

“In June, my office sued to invalidate an EPA rule that places unnecessary burdens on Nevada’s landowners and puts their properties at risk,” said Laxalt. “Today’s nationwide stay marks yet another victory for this state and the country at large, and expands on the earlier injunction granted by a U.S. District Court. As your attorney general, I will continue to advocate on behalf of Nevada to protect this state, its residents and its private property owners from this and future attempts at overreach by the federal government.”  

In June, the EPA issued the “Waters of the United States” rule that, as the 6th Circuit court noted, has “pervasive nationwide impact” in expanding federal power over state and local waters across the nation. The regulation imposes burdensome requirements on public and private entities, and particularly impacts Western states. In August, a U.S. District Court granted a preliminary injunction preventing this rule from taking effect in Nevada and 12 other states. Today’s ruling expands that injunction nationwide.

In addition to Nevada, the following 30 states have sought action to enjoin or delay the EPA’s rule: Alabama, Alaska, Arkansas, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, and Wyoming.

To view the U.S. Court of Appeals for the 6th Circuit’s decision, click here.