Ed Morrissey at Hot Air is reporting today that the new Environmental Protection Agency rule that theoretically would protect small waterways cannot be enforced nationwide.

The article reports:

In a 2-1 ruling, the Cincinnati-based Court of Appeals for the Sixth Circuit delivered a stinging defeat to Obama’s most ambitious effort to keep streams and wetlands clean, saying it looks likely that the rule, dubbed “waters of the United States,” is illegal.

“We conclude that petitioners have demonstrated a substantial possibility of success on the merits of their claims,” the judges wrote in their decision, explaining that the Environmental Protection Agency’s new guidelines for determining whether water is subject to federal control — based mostly on the water’s distance and connection to larger water bodies — is “at odds” with a key Supreme Court ruling.

 The new law had the potential of putting even seasonal mud puddles on people’s front yards under federal jurisdiction.

The article further reports:

The Hill calls this “a stinging defeat,” but it may be more of a “stinging delay” at this point. At the very least, the EPA’s power grab has been put on hold, and that’s a welcome breather at this stage of the Obama administration.

Americans need to be aware of attempts to drastically increase the federal government under President Obama. It is good to see a victory in this matter, despite the fact that it may only be a temporary victory.