Attorney General Sam Olens today has filed a lawsuit in federal court for the Southern District of Georgia asking the court to strike down a new rule from the U.S. Army Corps of Engineers and Environmental Protection Agency (EPA) that unlawfully expands the federal government’s regulatory reach over local streams, lands, and farms. He is joined by eight state attorneys general in the lawsuit.

The rule, known generally as the “Waters of the United States” rule, would extend the EPA and Corps of Engineers’ regulatory reach to an untold number of small bodies of water, including roadside ditches and short-lived streams or any other area where the agencies believe water may flow once every 100 years.

This rule could have dire consequences for homeowners, farmers, and other entities by forcing them to navigate a complex federal bureaucracy and obtain costly permits in order to perform everyday tasks like digging ditches, building fences, or spraying fertilizers. Failure to comply with this new regulatory scheme could result in fines of up to $37,500 a day.

“Today I am joining with a bipartisan coalition of attorneys general to challenge an unlawful and unprecedented expansion of federal power over private property owners and state and local matters” said Olens. “The scope of the ‘Waters of the United States’ rule is breathtaking and will directly impact the everyday lives of Georgians, from farmers to homeowners. Under this excessive and expensive rule, a farm pond, or even a homeowner’s backyard could be subject to federal regulation. As the federal government continues to issue burdensome and unconstitutional executive directives at an alarming rate, I remain steadfast in my commitment to protect and defend the interests of Georgians.”

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