WOTUS War Wages in Congress and the Courts

What happened: ARTBA Feb. 7 asked a federal district court to halt the U.S. Environmental Protection Agency’s (EPA) latest ‘Waters of the United States’ (WOTUS) rule. The association also told the House Transportation and Infrastructure Committee Feb. 8 that EPA and the Army Corps of Engineers should withdraw the rule or at least suspend it until the U.S. Supreme Court rules in Sackett v. EPA.

Why it matters: The new WOTUS rule expands Clean Water Act (CWA) jurisdiction, creating additional permitting requirements for transportation projects. In its Feb. 7 filing at the southern district federal court in Texas, ARTBA and its industry allies asked to halt the rule because it would force the regulated community into abandoning projects or ‘seek costly jurisdictional determinations’ and ‘risk fines and criminal charges for noncompliance.’

What’s next: The House and Senate both have bills to rescind the WOTUS rule. Even if both chambers pass such legislation, President Joe Biden would almost certainly veto it. In Texas, a hearing on ARTBA’s motion to halt the rule is expected in mid-March.