Workers check Lake Erie water quality in Cleveland

The U.S. Environmental Protection Agency argues its "Waters of the United States" rule will protect large water bodies like Lake Erie by making sure its tributaries are clean. In this photo, water quality investigator Eric Soehnlen caps a sample at Edgewater Beach in Cleveland, OH. (Marvin Fong / The Plain Dealer)

(Marvin Fong, The Plain Dealer)

WASHINGTON, D.C. - Ohio Attorney General Mike DeWine is suing the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers over a new rule that critics fear would give the federal government oversight over "almost every conceivable water body in the country" under the Clean Water Act.

The lawsuit DeWine submitted to the United States District Court for the Southern District of Ohio is among a flurry of challenges to the rule that were filed today in federal courts. The states of Louisiana, Texas and Mississippi filed an action in a Houston-based federal court, and a dozen western states lodged their own suit in the U.S. District Court for the District of North Dakota. DeWine's case was filed on behalf of both Ohio and Michigan.

"This rule clearly violates both the language and spirit of the Clean Water Act, which recognizes the rights of states to serve as trustees of their natural resources," said a statement from DeWine. "This is yet another example of the Obama administration overreaching its authority and unilaterally attempting to concentrate power in the hands of federal bureaucrats."

In announcing the rule's final version last month, representatives of the EPA and Army Corps said it would protect streams and wetlands from pollution and degradation by more clearly defining which waters are protected under the Clean Water Act.

"For the waters in the rivers and lakes in our communities that flow to our drinking water to be clean, the streams and wetlands that feed them need to be clean too," EPA Administrator Gina McCarthy said when the rule was finalized last month. She said the rule would "strengthen our economy and provide certainty to American businesses."

Assistant Secretary for the Army (Civil Works) Jo-Ellen Darcy said the rule "responds to the public's demand for greater clarity, consistency and predictability when making jurisdictional determinations."

The agencies said they held more than 400 meetings with stakeholders across the country, reviewed over one million public comments and listened to perspectives from all sides. They said they also reviewed the latest scientific reports that showed small streams and wetlands play an integral role in the health of downstream waters.

EPA and Army Corps spokesmen did not immediately respond to a request for comment on DeWine's lawsuit.

DeWine says the new rule would define "waters of the United States" to include "almost every conceivable water tributary in the country and even adjacent dry land and dry creek beds, with little limit on federal jurisdiction." He fears the federal government would use this overly broad definition of waters under its jurisdiction to improperly penalize landowners.

DeWine spokesman Dan Tierney said the new rule was published in the Federal Register Monday, which means it is the first day legal challenges can be filed. He said Ohio's case has been assigned to Judge Edmund A. Sargus Jr.

"Federalism is a big concern for the Attorney General," said Tierney. "He wants to make sure that powers reserved for the states remain with the states."

Last month the U.S. House of Representatives passed a bill promoted by Holmes County GOP Rep. Bob Gibbs that would negate the "Waters of the United States" rule. Gibbs argued it "amounts to a vast expansion of federal jurisdiction."

President Barack Obama has threatened to veto that legislation, arguing it would "derail current efforts to clarify the scope of the [Clean Water Act], hamstring future regulatory efforts, and deny businesses and communities the regulatory certainty needed to invest in projects that rely on clean water."