Judge Revives WOTUS in 26 States

posted in: Environment, Uncategorized | 0

Ariel Wittenberg, E&E News reporter

Published: August 16, 2018 at 2:25 PM

A federal court has lifted the Trump administration’s delay of the Obama-era Waters of the U.S. rule.

A federal judge in South Carolina has issued a nationwide injunction on the Trump administration’s delay of the Clean Water Rule.

The decision in the U.S. District Court for the District of South Carolina means the Clean Water Rule is now the law of the land in 26 states where district court judges have not stayed the regulation.

The Trump administration finalized its delay of the Clean Water Rule, also known as Waters of the U.S., or WOTUS, rule in February. The regulation redefined which wetlands and small waterways are covered by the Clean Water Act.

Green groups, including the Southern Environmental Law Center, and states immediately sued the administration, arguing it rushed through the rulemaking.

Ruling in the SELC’s case, Judge David Norton found that the Trump administration violated the Administrative Procedure Act in proposing and finalizing the rule.

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