ARTBA, Allies Ask Court To Order New WOTUS Rule

What happened: ARTBA and industry partners June 28 asked a federal court to order the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to issue a revised Waters of the United States (WOTUS) regulation within 45 days. The motion also asks that the agencies be ordered to immediately resume the permitting process under the Clean Water Act (CWA).

Why it matters: Michael Connor, assistant secretary of the Army, told the House Transportation and Infrastructure Committee June 22 that the Corps will not issue permits under the CWA until a final WOTUS rule is issued, effectively stalling certain projects. Separately, EPA indicated it plans to issue a new final rule by Sept. 1, offering no details or even if it plans to allow public comment.

Filed in federal district court in the Southern District of Texas, the motion in ARTBA’s case additionally asks that the new regulation correct all flaws and deficiencies resulting from the May 25 Sackett vs. EPA decision by the U.S. Supreme Court, which found EPA exceeded its authority in developing new wetlands regulations.

What’s next: The agencies will have the opportunity to respond to the motion, after which the court will render a decision. For more information, contact ARTBA’s Prianka Sharma.