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WOTUS rule

84 FR 2483

ELR Federal Agency Update

H.R. 667

ELR Congressional Update

H.R. 7194

ELR Congressional Update

North Dakota v. U.S. Environmental Protection Agency

ELR Case

A North Dakota district court enjoined in Iowa the 2015 Clean Water Rule, which clarifies the definition of "waters of the United States" that are protected under the CWA. The governor of Iowa sought an order from the court expressly...

Texas v. United States Environmental Protection Agency

ELR Case

A district court granted Texas' motion to preliminarily enjoin the 2015 Clean Water Rule in Louisiana, Mississippi, and Texas. The state argued that implementing the rule would require it to spend significant time and taxpayer resources...

Georgia v. Pruitt

ELR Case

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...

82 FR 12497

ELR Federal Agency Update

H.R. Res. 152, Bill Introduced

ELR Congressional Update

Murray Energy Corp. v. United States Department of Defense

ELR Case

The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical analysis may be included in the record. Petitioners...

“Waters of the United States” and the Agricultural Production Sector: Sweeping Change or More of the Same?

ELR Article

EPA and the Corps’ promulgation of a new definition of “waters of the United States” under the CWA has prompted a fierce rhetorical and legal debate. EPA maintains that the agencies’ jurisdiction may actually be limited by the new...