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Court Puts the Brakes on WOTUS Rule Nationwide, for Now

Waters of the United States

Saying they need more time to consider whether or not they have jurisdiction over the case, a federal appeals court panel in Ohio issued a nationwide stay on the EPA and Army Corps of Engineers from enforcing regulation asserting federal jurisdiction over non-tributary streams and other bodies of water.

In the stay, the judges state that the suit against the federal government regarding the Waters of the United States or WOTUS rule likely runs afoul of previous U.S. Supreme Court rulings on the issue.  Further, the judges raise concerns about the process used to develop the regulation.  You can read their ruling here: http://www.ca6.uscourts.gov/opinions.pdf/15a0246p-06.pdf.

While this is largely a procedural matter, the stay prevents enforcement of the WOTUS rule immediately across the country.  Organizations and business across the country, including many within the energy industry, have raised concerns about the rule and its impact on businesses.  More info can be found on PESA’s Policy Center: https://pesa.org/policy-center/waters-of-the-us/.