U.S. Court Issues Nationwide Hold on EPA WOTUS Rule

Early today, the U.S. Court of Appeals for the Sixth Circuit, based in Cincinnati, issued a nationwide stay on the Environmental Protection Agency’s rule redefining Waters of the United States (WOTUS) under the Clean Water Act.  The ruling, issued more than a month after the rule went into effect, temporarily blocks implementation while litigation continues over the legality of the rule.

WOTUS was controversial from the moment it was proposed, with many opponents, including RCRC, viewing it as a gross jurisdictional overreach by the Obama Administration.  Once the rule was finalized in May 2015, numerous lawsuits were filed claiming the agency did not have the legal authority to issue the rule, one of which successfully enjoined implementation of the rule in thirteen states.  The October 9, 2015 ruling extends that stay nationwide, and is a big win for opponents of the rule.