Recent Mexico Attorney General Raúl Torrez has joined a coalition of 24 states in filing a lawsuit against the Environmental Protection Agency (EPA), challenging the agency’s recent revisions to its Clean Water Act regulatory oversight. The lawsuit, filed Thursday, alleges the EPA improperly rolled back federal protections for wetlands and waterways, potentially jeopardizing water quality across the country.
The legal challenge centers on the EPA’s updated definition of “waters of the United States” (WOTUS), finalized in March 2023. The revised rule significantly narrowed the scope of federal jurisdiction under the Clean Water Act, removing protections for many wetlands and streams that previously fell under federal oversight. According to the lawsuit, the EPA’s action creates regulatory gaps and undermines the Act’s original intent to safeguard the nation’s water resources.
Torrez, a Democrat who assumed office in January 2023, previously served as the Bernalillo County District Attorney from 2017 to 2022. His career also includes experience as a federal prosecutor and a senior advisor within President Obama’s Department of Justice. The Attorney General’s office stated the revised WOTUS rule poses a particular threat to New Mexico’s limited water supply and fragile ecosystems.
“Protecting our water resources is paramount, especially in a state like New Mexico where water is so scarce,” Torrez said in a statement released by his office. “The EPA’s decision to weaken these critical protections puts our communities at risk and undermines our efforts to ensure clean and sustainable water for future generations.”
The lawsuit, filed in the U.S. District Court for the District of Colorado, argues the EPA exceeded its statutory authority in issuing the revised rule and failed to adequately consider the potential environmental consequences. The states involved contend the changes will lead to increased pollution, habitat loss, and diminished access to clean water.
The EPA has defended its revised WOTUS rule, asserting it clarifies the scope of federal authority and reduces regulatory burdens on landowners and businesses. Agency officials maintain the changes will streamline permitting processes and promote economic growth while still protecting the nation’s most valuable waters.
The lawsuit seeks to have the EPA’s revised WOTUS rule vacated and to restore the prior, broader definition of “waters of the United States.” A hearing date has not yet been set, and the EPA has not publicly responded to the specific allegations raised in the lawsuit. The agency has indicated it will vigorously defend its rule in court.
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