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Georgia v. Pruitt

ELR Citation: 48 ELR 20094
Nos. 2:15-cv-79, (S.D. Ga., 06/08/2018) (Wood, J.)

A district court granted 11 states' motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule, also known as the WOTUS rule or Clean Water Rule. The states demonstrated a likelihood of success on their claims that the rule was promulgated in violation of the CWA and the APA. The states also demonstrated irreparable harm because the rule would cause the states to lose their sovereignty over certain intrastate waters and to suffer unrecoverable monetary losses. Likewise, the public interest weighs in the states' favor. The court also took note of the fact that EPA and the Corps have not opposed the states' position that they are likely to succeed on the merits, and, in fact, have asserted that they themselves are currently reconsidering the WOTUS rule. The court therefore granted the injunction.