Schmidt files lawsuit asking court to overturn ‘Waters of the U.S.’ rule

KANSAS CITY, KAN. ---- Kansas Attorney General Derek Schmidt announced today that he has joined eight other state attorneys general in a lawsuit asking a federal court to overturn new water regulations that could significantly extend the regulatory reach of the federal government onto Kansas private property.

The regulations, known generally as the “Waters of the U.S.” rule, would extend the EPA and Army Corps of Engineers’ regulatory reach into small waterways, ditches and ponds on Kansas farms, ranches and land developments.

This new rule would have significant 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 such as digging ditches, building fences or spraying fertilizers.

“Congress never intended for the federal government to regulate ditches or farm ponds,” Schmidt said. “This regulation grossly exceeds the authority granted to federal agencies by the Clean Water Act – authority that rightfully belongs to the states and that is limited by private property rights protected by the Constitution.”

In the complaint filed today in U.S. District Court for the Southern District of Georgia, the attorneys general of Kansas, Alabama, Florida, Georgia, Kentucky, South Carolina, Utah, West Virginia and Wisconsin argue the final rule put forward by the EPA and Corps of Engineers violates the Clean Water Act, the Administrative Procedure Act and the U.S. Constitution, and usurps the states’ primary responsibility for the management, protection and care of intrastate waters and lands.

The complaint asks a federal judge to declare the rule illegal and issue an injunction to prevent the agencies from enforcing it. It also asks the judge to order the agencies to draft a new rule that complies with the law and honors state authority.

A copy of the complaint is available at http://1.usa.gov/1U4xXLR .

Schmidt: More than 500 roofers registered

KANSAS CITY, KAN. ----- Kansas Attorney General Derek Schmidt today announced that more than 500 roofing contractors are now registered with his office and have received certification to operate in the State of Kansas.

“More Kansas roofing companies are becoming aware of their new legal obligation to register with our office,” Schmidt said. “As the home improvement season approaches in the spring, consumers should also be aware of this requirement and request a copy of the registration certificate from any roofer before signing any contract.”

The new Kansas Roofing Contractor Registration Act is aimed at helping consumers avoid doing business with unscrupulous or fly-by-night operators who do not comply with registration requirements. The law was passed during the 2013 legislative session and took effect July 1, 2013. 

The law requires every roofing contractor to obtain a registration certificate from the Kansas Attorney General in order to legally provide commercial or residential roofing services for a fee in Kansas.

Schmidt said his office is continuing to work with trade associations and local government construction permitting offices to help contractors comply with the new law. Roofing contractors who have not already registered may do so by visiting www.InYourCornerKansas.org. Consumers may also visit that website to check the registration status of a roofing contractor.