DTN: Three States Granted WOTUS Injunction

DTN writer Todd Neeley reported yesterday that, “A Texas court has issued an injunction against the 2015 waters of the United States, or WOTUS, rule after the Texas attorney general’s office told the court it was ready to appeal to a higher court.

“As a result of a South Carolina court’s recent ruling, the rule was in effect in 26 states and on hold in 24 states. The South Carolina court on Aug. 16 ruled that the EPA did not follow the Administrative Procedures Act in finalizing its rule to delay the 2015 WOTUS for two years.

On Wednesday, the U.S. District Court for the Southern District of Texas in Galveston granted a request for a temporary injunction of the rule in Texas, Mississippi and Louisiana.”

Mr. Neeley noted that, “As a result of this latest ruling, WOTUS is now on hold in 27 states: Texas, Mississippi, Louisiana, Georgia, Alabama, Florida, Indiana, Kansas, North Carolina, South Carolina, Utah, West Virginia, Wisconsin, Kentucky, South Dakota, Missouri, Alaska, North Dakota, New Mexico, Idaho, Arizona, Nebraska, Montana, Arkansas, Nevada, Colorado and Wyoming.

The 2015 rule now is in effect in 23 states: Iowa, Illinois, California, Washington, Oregon, Tennessee, Vermont, Virginia, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, Minnesota, Michigan, Massachusetts, Maryland, Maine, Hawaii, Delaware and Connecticut.

“The Texas court’s ruling came after the Texas attorney general’s office wrote a letter to the court, requesting a decision or the three states would appeal to a higher court.”

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