Monday, August 31, 2015

Just in from the Statehouse


BOISE – Governor C.L. “Butch” Otter issued the following statement today about an eleventh-hour injunction, temporarily preventing the Environmental Protection Agency and U.S. Army Corps of Engineers from imposing contested rules on 13 states including Idaho. Federal Judge Ralph Erickson in Bismarck, North Dakota, granted a preliminary injunction preventing the rules from going into effect today.

“This is a short-term victory for common sense. I opposed these misguided, overly broad and one-sided standards from the outset and am encouraged that Judge Erickson sees merit in our argument. 

By law, the EPA is supposed to consult with states in developing these rules. They didn’t do that. Instead they forced on states like Idaho, regulatory language that is capricious and arbitrary. The EPA issued their draft rule prior to their own science advisory board finalizing their review. This kind of unilateral rule -making sets a dangerous precedent that fails to recognize the regional differences inherent in delivering water in arid places like the American west.  

We are hopeful a final ruling will permanently prevent the EPA from the inappropriate seizure of state authority that was attempted in this ill-conceived federal plan. In the meantime, I will work with our partners in the Idaho Congressional delegation to ensure Idaho is fairly represented in future rule-making efforts that have designs on Idaho water.”

Governor and Attorney General’s letter to the EPA:

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