This morning, an appeals court issued a nationwide preliminary injunction on enforcing the Waters of the US (WOTUS) Clean Water Rule. Most recently, a judge had clarified that the injunction was limited only to the 13 states (including Colorado) that had filed a lawsuit requesting the injunction.

While the preliminary injunction means that the rule will not be enforced at this time, the rule has not been completely withdrawn. Those opposed to the rule are encouraged to contact their Senators to express their concerns.

Contact information for Colorado Senators:

Bennet, Michael F. - (D - CO)     
(202) 224-5852
Contact: www.bennet.senate.gov/?p=contact

Gardner, Cory - (R - CO)     
(202) 224-5941
Contact: www.gardner.senate.gov/contact-cory/email-cory

Nationwide Injunction Issued for WOTUS Rule
We received some positive news this morning regarding the Waters of the United States (WOTUS) rule. Citing the “whirlwind of confusion” surrounding the WOTUS rule, the United States Court of Appeals for the 6th Circuit issued a nationwide preliminary injunction that prevents EPA and the U.S. Army Corps of Engineers (Corps) from implementing the rule while the court reviews the various legal matters raised in the litigation.

The motion for the preliminary injunction was filed by 18 states. The 6th Circuit decision follows a preliminary injunction issued August 28 by the U.S. District Court for North Dakota, in which the judge subsequently clarified that the injunction only applied to the 13 states that were plaintiffs to the litigation. One of the reasons the district court failed to issue a nationwide injunction was out of deference other federal courts including the 6th Circuit, where many, but not all, of the legal challenges to the WOTUS rule have been consolidated by the U.S Judicial Panel on Multidistrict Litigation.

Today’s ruling is not a final decision. The legal challenges surrounding the WOTUS rule will continue to be played out in the courts. However, it is a positive development that means that, for now, the rule cannot be implemented or enforced.

NALP will continue to keep you updated about WOTUS litigation and the injunction. We also continue to advocate for the Senate to pass legislation that would require EPA and the Corps to withdraw the rule, as the House did earlier this summer. We highlighted the issue during Legislative Day, and hope that you will once again consider sending a letter to your Senators through our website asking for action on the legislation. We are also helpful that Congress will address the rule through appropriations legislation.

Previously on the LAB:
Clean water rule injunction limited to 13 states
EPA's clean water rule halted
WOTUS final rule faces multiple lawsuits
What is a WOTUS?