29-04-2025
AG Coleman, others, say KY will protect its own water resources
HENDERSON, Ky. (WEHT) – Attorney General Russell Coleman, Agriculture Commissioner Jonathan Shell and Department of Fish and Wildlife Resources Commissioner Rich Storm asked the Trump Administration to end a years-long regulatory battle over Kentucky's water resources.
AG Coleman says in a comment letter to the EPA, the three officials call on the federal government to respect the commonwealth's ability to protect its own waters and lands. In 2015, President Obama's EPA imposed its version of the 'Waters of the United States' or WOTUS rule, which gave 'massive' new authority to the federal government to regulate seemingly any amount of water, including on private lands. The rule immediately faced legal challenges, including from Kentucky's then-Attorney General Jack Conway. The Obama Administration's rule was eventually rescinded, only to have President Biden's EPA impose a similar rule in early 2023.
AG Coleman says he has since continued the legal fight against the rule that 'over regulated' Kentuckians. Last year, the Attorney General's Solicitor General argued before the U.S. Court of Appeals for the Sixth Circuit to preserve Kentucky's role in protecting the Commonwealth's resources. In March, President Trump's EPA Administrator Lee Zeldin announced the EPA will revise WOTUS to 'reduce red tape,' 'cut' overall permitting costs and 'lower the cost' of doing business in communities across the country.
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'For years, Washington climate radicals have tried to control every pond, ditch and puddle in the Commonwealth. We've taken the EPA to court to protect family farmers and property owners who don't want to be under the thumb of federal bureaucrats,' said Attorney General Coleman. 'Kentucky is fully prepared to be good stewards of our own water, land and air, and the EPA must respect our right and ability to do just that.'
AG Coleman says Kentucky is at the 'heart' of America's inland waterways and has 'more commercially navigable waters' than any state except Alaska.
'Kentucky farmers are the original conservationists, and they don't need Washington bureaucrats telling them how to take care of their land. We support common-sense rules that protect our water without crippling the people who feed and fuel this nation. I'm proud to stand with Attorney General Coleman and Commissioner Storm to push back against overreach and protect Kentucky's rights,' said Commissioner Shell.
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AG Coleman says in addition to emphasizing the 'proper division of control' over waters between the federal and state governments, the comment letter also offered practical recommendations to help make the WOTUS definition more transparent and workable for Kentucky landowners.
'As a leading steward and holder of Kentucky's public lands, Kentucky Fish and Wildlife supports the development of a carefully considered and mutually acceptable definition of WOTUS,' said Commissioner Storm. 'A clear definition will help all parties to better determine jurisdictional authority and when mitigation to offset developmental impact would or would not be required.'
The comment letter can be viewed below.
WOTUS-Comment_FinalDownload
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