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The state of Utah has joined eight other states as a plaintiff in a lawsuit intended to block what they characterize as an expansion of the Clean Water Act.
The complaint alleges that the Clean Water Rule, a joint effort between the EPA and the U.S. Army Corps of Engineers, was an attempt by those agencies to usurp the states' authority over their sovereign waters. The rule, which passed earlier this year, defines "navigable waters" as navigable waters and their tributaries.
According to the complaint, which was filed on June 30, the new definition would give the EPA and Army Corps of Engineers "virtually limitless power over non-navigable, intrastate waters."
The complaint asserts that the new rule violates the U.S. Constitution, the Administrative Procedure Act, and the Clean Water Act itself.
The lawsuit is led by the state of Georgia, with Wisconsin, South Carolina, Kentucky, Kansas, Florida, Alabama and West Virginia joining Utah as plaintiffs in the case.