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Michigan Farmers React to EPA Announcement to Formally Rescind WOTUS Rule

Michigan farmers have actively challenged the necessity of the Obama administration’s Water of the U.S. or WOTUS Rule. Michigan Farm Bureau Associate National Legislative Counsel John Kran recently reacted to the announcement of EPA’s rescission of the rule by saying that the action “from EPA and Army Corps of Engineers is a great step forward for Michigan’s farmers. The misguided WOTUS rule would have placed unnecessary burden on Michigan’s farmers, requiring a whole new level of regulation on nearly all of the state’s farmland. We know the importance of clean water, and farmers work relentlessly to protect our natural resources every day, but the WOTUS rules were excessive and totally ignored the concept of navigable water as originally defined in the Clean Water Act.” The announcement comes after the Presidential Executive Order earlier this year stating that it is in the national interest to ensure that the nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of Congress and the states under the Constitution.

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About this Author

Aaron M. Phelps, Varnum, litigation attorney

For over 15 years, Aaron's practice has been focused on complex commercial and environmental litigation - in Michigan and around the country. Aaron has represented clients in contract and corporate governance disputes, telecommunications and energy matters, health care litigation, and tort actions.

Over the last five years, Aaron has represented over 200 companies in lawsuits against Blue Cross Blue Shield of Michigan for ERISA violations. The first trial resulted in a $6 million judgment, and subsequent judgments ranged from $315,000 to over $8 million. Currently...