ARTBA Helps Block WOTUS Rule in Two-Dozen States

What happened: In a case brought by ARTBA and other industry partners, a North Dakota federal court April 12 blocked the U.S. Environmental Protection Agency’s (EPA) ‘Waters of the United States’ (WOTUS) rule from taking effect in 24 states.

Why it matters: The decision covers Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.

With a March 19 federal court ruling blocking the EPA’s WOTUS rule in Texas and Idaho, the regulation is now on hold in more than half the country. In both cases, ARTBA argues the rule is vague and overly expansive, especially as it applies to roadside ditches. The court echoed ARTBA’s concerns, writing it ‘is neither understandable nor‘intelligible,’ and its boundaries are unlimited.’

What’s next: Courts now consider the rule on its merits, with no set date for the litigation’s next phase. A U.S. Supreme Court decision against EPA in Sackett vs. EPA could soon mean a re-write of the WOTUS rule altogether.