Texas General Land Office Files Complaint Against New Definition of WOTUS Rule

AUSTIN—Today, Commissioner Dawn Buckingham, M.D. announced that the Texas General Land Office (GLO) has joined the State of Texas in filing a lawsuit in federal district court challenging the Environmental Protection Agency’s (EPA) and the Army Corps of Engineers’ new definition of the Waters of the United States (WOTUS) rule. 
 
The new rule unlawfully exceeds federal agency authority by asserting the Clean Water Act’s (CWA) jurisdiction over Texas’ lands and water resources. Due to its overly broad definitions and subjective standards, this regulation endangers the constitutional rights of landowners. This rule will place a hefty burden on Texans by making them go through a costly and confusing red tape, regulatory structure to determine if their private property is subject to the Clean Water Act (CWA). 
 
“Rather than adopting a rule that creates clarity and predictability, the Biden Administration’s new unconstitutional policy will cause property owners more uncertainty. I will not stand by and allow hardworking Texans to be forced to obtain costly permits or else face civil and criminal penalties over an arbitrary rule put in place by the federal government,” said Commissioner Buckingham. 
 
The Texas General Land Office joined the State of Texas’ complaint along with the Texas Commission on Environmental Quality, the Texas Department of Agriculture, the Texas Department of Transportation, and the Railroad Commission of Texas.

To read the complaint, click here.