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Kansas AG Kris Kobach | X (Twitter)

Attorney General Kobach: New Clean Water Act ‘is arbitrary and capricious’ and ‘not in accordance with law’

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Kansas Attorney General, Kris Kobach, has declared the new Clean Water Act proposed by the Environmental Protection Agency (EPA) as illegal. This statement was made in a letter addressed to the EPA on March 25.

"The proposed rule is arbitrary and capricious, an abuse of discretion, and otherwise not in accordance with law," Kobach said in the letter," said Kobach.

According to a press release from Kobach's office, the EPA's revised Clean Water Act would permit the agency to supervise meat and poultry processing plants that indirectly discharge wastewater. This means that the water passes through city sewage treatment before reaching navigable waters. The proposal could potentially extend regulation from approximately 150 plants to as many as 3,879.

Kobach responded to this proposal by sending a letter to the EPA requesting that the rule be withdrawn. "This proposed rule is not only costly but also unlawful," stated the letter. "EPA should withdraw it." The document was co-signed and endorsed by Attorneys General from 28 other states, including Arkansas AG Tim Griffin.

In his letter, Kobach asserted that the EPA is exceeding its authority and lacks clear legal basis under the Clean Water Act. The correspondence also emphasized the EPA's commitment to this rule following an agreement with environmental groups, which may limit its ability to retract the rule without violating the consent judgment.

"This is yet another example of the Biden administration's EPA overreaching and damaging rural America in the process," said Kansas Deputy Attorney General Abhishek Kambli, according to the press release. "This proposed rule is not only unlawful but imposes crippling regulatory costs on small meat and poultry processing plants."

As per his official website, Kris Kobach currently holds office as Kansas Attorney General. He earned a Ph.D. from University of Oxford and a J.D. from Yale Law School. His public service record includes serving as Kansas Secretary of State from 2011-2019.

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