EPA says federal court injunction against water rules doesn’t apply nationally
on August 30, 2015
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I recently reported that EPA regulations that were poised to go into effect at the end of last week, broadening the scope of the agency's power under the "Waters of the United States" Act.
A federal judge has blocked its implementation hours before it was due to take effect:
Yesterday, a federal district court in North Dakota granted a preliminary injunction blocking implementation of a new Environmental Protection Agency rule defining “waters of the United States” under the Clean Water Act. This rule is important because many of the CWA’s regulatory prohibitions, including the prohibition on developing wetlands without a federal permit, apply only in “waters of the United States” (WOTUS). The Supreme Court rebuked the EPA and the Army Corps of Engineers for applying an unduly expansive WOTUS definition (see SWANCC v. U.S. Army Corps and Rapanos v. United States), and this rule is an effort to reassert and clarify the scope of federal regulatory jurisdiction under the CWA.





