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WOTUS Rule Delayed Nationwide

WOTUS Rule Blocked Nationwide

The Sixth U.S. Circuit Court of Appeals in Cincinnati issued an order granting a request by 18 states to stay the Waters of the U.S. rule while the court considers its legality.  Previously, a U.S. District Court in North Dakota had blocked the rule for 13 states included in a petition filed before that court.  The 6th Circuit ruling blocks the rule nationwide pending judicial review.

According to the Court’s ruling, “… [W]e conclude that petitioners have demonstrated a substantial possibility of success on the merits of their claims.”  The opinion further finds that although the states didn’t necessarily show that they will suffer immediate harm if the rule moves ahead, “neither is there any indication that the integrity of the nation’s waters will suffer imminent injury if the new scheme is not immediately implemented and enforced.”

A number of lawsuits have been filed in both district and appeals courts, and it is yet to be determined which court will ultimately hear the consolidated challenges.  The 6th Circuit’s order can be viewed here: Sixth Circuit WOTUS Stay Granted-c1