INSIDE EPA: Judge Finds CWA Rule ‘Likely’ Illegal, Blocking Enforcement In 11 States
A federal district judge has barred enforcement of the Obama EPA’s Clean Water Act (CWA) jurisdiction rule in 11 states, holding that the standard as crafted is likely unlawful and providing a major boost to opponents of the Obama-era policy who have called for it to be overturned either administratively or in the courts.
The decision, issued late on June 8 by District Judge Lisa Godbey Wood of the U.S. District Court for the Southern District of Georgia, agrees that the 11 state plaintiffs in State of Georgia, et al., v. Pruitt, et al., have “a substantial likelihood of success on the merits” of their claims that the jurisdiction rule, also known as the waters of the United States (WOTUS) rule, violates both the CWA and the Administrative Procedure Act (APA).
“[I]f the WOTUS Rule becomes effective before a final decision on the merits is rendered, farmers, homeowners, and small businesses will need to devote time and expense to obtaining federal permits — all to comply with a rule that is likely to be invalidated,” Wood writes.
The new decision blocks any enforcement of the WOTUS rule during litigation over its merits within the states of Georgia, Alabama, Florida, Indiana, Kansas, North Carolina, South Carolina, Utah, West Virginia, Wisconsin and Kentucky.
