Clean water rule injunction limited to 13 states Email


Image by Blake Richard Verdoorn

On September 4, the recent judge's decision regarding the Waters of the US (WOTUS) Clean Water Rule was revised. The ruling judge clarified that the injunction on enforcing the rule would be limited only to the states that filed a lawsuit requesting the injunction. Previously, it was believed that the injunction would be applied nationwide.

The thirteen states where the injunction will be upheld are: Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.

EPA's clean water rule halted Email


Image by Blake Richard VerdoornA North Dakota federal judge on Thursday blocked the implementation of the U.S. Environmental Protection Agency and Army Corps of Engineer's rule clarifying the jurisdictional scope of the Clean Water Act, calling the measure "exceptionally expansive."

Hours before it was to take effect, U.S. District Judge Ralph Erickson issued a temporary injunction after 13 states, including Colorado, took legal action to stop the rule. 

The decision was met with controversy, as the judge said that the injunction should apply to all states. EPA, however, said that they ruling should apply only to the 13 states named in the lawsuit. They planned to enforce the rule in the remaining states beginning Friday, August 28.

WOTUS Congressional call-in day Email

old telephoneThe National Association of Landscape Professionals (NALP) has organized a call-in campaign to urge Senators to "support the bipartisan bill S 1140, and urge the EPA to listen to their co-regulator, the Army Corps of Engineers, about the serious flaws" in the Clean Water Rule (aka Waters of the US or WOTUS).

Colorado Senator Michael Bennet is a key figure in this regulation, so Colorado constituents are vital to the success of the campaign. His Denver metro office can be reached at 303-455-7600 (Toll Free: 866-455-9866). 

The following is a Legislative Alert from NALP:
WOTUS District Call Day: Thursday, August 27th

Colorado Drought Response Portal Email

Coloradans often face water use regulationsThe Colorado Water Conservation Board maintains a web site for Colorado homeowners and landowners that helps identify rules and regulations regarding water use. Colorado's Drought Response Portal offers information about snowpack, reservoir conditions, and drought status. Colorado residents can also use the portal to connect with their local water utility and find out if there are any water restrictions in affect for their community.


How will the proposed rule updating exempt employee status affect your business? Email

The National Association of Landscape Professionals (NALP) is conducting a survey to learn how landscape businesses would be affected by the Department of Labor's proposed rule change regarding exempt employee status.

The following is a Legislative Alert from NALP:

Help Stop the Detrimental Proposed Changes by the Department of Labor that Could Change the Exempt Status of Overtime Pay to $50,440

Please participate in this survey to help us respond to the U.S. Department of Labor’s proposed devastating changes to the white collar exemptions to federal overtime pay requirements.

Currently, a person must satisfy three criteria to qualify as “exempt”:
1.    They must make a salary;
2.    That salary must be more than $455/week ($23,660 annually);
3.    Their “primary duties” must be consistent with managerial, professional or administrative positions as defined by DOL.

In the proposal, DOL is considering raising the minimum salary threshold to $970 per week ($50,440 annually); an increase of more than 100%. We need your help in collecting data about how this will impact your business. This information will help us provide comments to the federal register notice so we can document with data its impact to the industry as a whole; they will also need to hear directly from the businesses that will be affected. This data will help answer the Department’s questions regarding the current primary duties test used to determine whether an employee's primary responsibilities exempt them from overtime.

Please complete this survey before August 27, 2015.

Thank you,
Tom Delaney, NALP director of government affairs

Previously on the LAB:
Help request an extension to comment period on DOL Proposed Overtime RuleSubcommittee discusses Proposed Overtime Rule
DOL proposed rule regarding overtime eligibility for 'white collar' workers

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