West Virginia v. U.S. Environmental Protection Agency

ELR Citation: 53 ELR 20062
No(s). 3:23-cv-032 (D.N.D. Apr 12, 2023) (Hovland, J.)

A district court granted 24 states' motion to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. The states argued the rule violated the APA, the Commerce Clause, the Tenth Amendment, the Due Process Clause, a...