Kansas attorney general joins 27 states in urging withdrawal of Waters of the U.S. rule

Kansas Attorney General Derek Schmidt said Wednesday he joined attorneys general of 27 states in a letter sent to the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers demanding the withdrawal of the Waters of the United States (WOTUS) rule.

The letter cites recently released information that shows concerns over the rule’s legality and development from the Corps of Engineers.

“The corps documents raise many of the same legal and procedural deficiencies that our states have raised in numerous lawsuits challenging the final WOTUS Rule,” Schmidt said. “In addition to ignoring the substantial concerns of Kansas and other states, it appears the EPA has completely disregarded the concerns of its sister agency and co-author of the rule."  

The rule significantly expands the jurisdiction of the EPA and Army Corps of Engineers in terms of the types of waterways they are able to regulate, which has drawn criticism from some states and industry groups throughout the regulation’s creation.

“I continue to have serious concerns about the line being crossed by the Obama administration’s habitual executive overreach and callous disregard for state’s sovereign authority with regards to WOTUS and many other issues,” Schmidt said.