ARTBA Halts WOTUS Rule in Two States

What happened: A federal court March 19 blocked the U.S. Environmental Protection Agency’s (EPA) new ‘Waters of the United States’ (WOTUS) regulation in Texas and Idaho in the opening rounds of ARTBA’s legal battle against the rule.

Why it matters: At the request of ARTBA and its industry allies, the federal district court for the southern district of Texas issued an injunction stopping the regulation. The injunction is now in effect in both Texas and Idaho because both states are parties to the litigation. The new WOTUS rule took effect on March 20 for the rest of the country, although decisions in additional lawsuits are pending in Kentucky and North Dakota (ARTBA is involved in the North Dakota case).

What’s next: ARTBA’s litigation will now proceed on to the merits of the rule unless the injunction in Texas and Idaho is appealed. Meanwhile, the EPA rule may be blocked in other states. ARTBA is also awaiting a Supreme Court decision in the case of Sackett v. EPA, which could see major portions of the WOTUS rule vacated.