EHS Management, Regulatory Developments

WOTUS Stayed!

The Sixth Circuit Court of Appeals (Court) recently issued a stay nationwide against the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) from enforcing the revised definition of “waters of the United States” (WOTUS), also known as the Clean Water Rule.

This is a win for the 18 states that petitioned the Court that the Clean Water Rule went beyond the EPA and USACE’s regulatory jurisdiction and “altered the existing balance of federal-state collaboration.” The petitioners further contended that the new WOTUS definition was inconsistent with U.S. Supreme Court precedent (Riverside Bayview Homes, SWANCC, and Rapanos) and failed to conform to the requirements of the Administrative Procedures Act. The stay will remain in place until further order from the Court.

Read more here.