WOTUS Rule Frozen in Two States, But Unimpaired in 48
A federal judge in Texas put WOTUS on hold in two states over the weekend but denied a concentrated effort by industry groups to stop the rule nationwide. The controversial Waters of the United States (WOTUS) rule takes effect today (Mar. 20, 2023).
Judge Jeffrey Brown ruled in favor of Texas and Idaho while denying a second lawsuit that argued the EPA and the Army Corps of engineers should wait for the upcoming Sackett v. EPA decision from the U.S. Supreme Court before implementing the new rules.
In a statement, the National Cattlemen’s Beef Association (NCBA) expressed strong disappointment by the decision by the U.S. District Court in the Southern District of Texas to deny a nationwide preliminary injunction that would have halted WOTUS.
“This latest WOTUS rule will place more burdens on family farms and ranches, drive up costs, and prevent cattle producers like me from making investments in our land,” said NCBA President Todd Wilkinson, a South Dakota cattle producer. “While we appreciate the court’s injunction of the rule in Texas and Idaho, we are strongly disappointed in the decision to keep this WOTUS rule in place in 48 states and I am proud of NCBA’s efforts to continue the fight against this rule.”
The Environmental Protect Agency finalized the latest WOTUS rule at the end of 2022. NCBA and its litigation partners filed a lawsuit seeking to overturn the rule on January 18, 2023. NCBA sought a nationwide preliminary injunction, which would have prevented the federal government from implementing the WOTUS rule until the entire case is decided. Instead, the court granted a limited injunction in only two states—Texas and Idaho.
“The court’s decision to keep the Biden administration’s WOTUS rule in place is concerning and irresponsible,” said NCBA Chief Counsel Mary-Thomas Hart. “Without a nationwide injunction, the rule takes full legal effect today and will become an immediate burden on our nation’s cattle producers. NCBA will continue efforts to defend our nation’s farmers and ranchers.”
The Supreme Court’s upcoming Sackett decision could potentially limit the reach of the Clean Water Act, in conflict with the Biden WOTUS rule. That decision is expected by early summer.
Related:
Who Defines WOTUS? It Might Come Down to the President or Supreme Court
