On June 19, a federal judge in San Francisco denied a bid by a coalition of 18 Democratic state attorneys generals to put the regulation on hold nationwide, ruling that the plaintiffs didn't show they had a strong enough chance of winning their challenge to the Navigable Waters Protection rule to warrant a preliminary injunction. The rule goes into effect today.

Friday’s hearing was the first big day in court for the EPA's rewritten Waters of the U.S. rule and is the first of several challenges working their way through the district courts warning of imminent and irreparable harm if the rule takes effect. 

U.S. District Judge Richard Seeborg concluded that the central Supreme Court case addressing the scope of the 1972 Clean Water Act, Rapanos v. United States , was focused on the maximum reach of the law but didn't address the minimum extent of its coverage — the question at issue in blue states' challenge. "In the absence of precedent construing what must be included as 'waters of the United States,' plaintiffs are left with little more than policy arguments that the narrowness of the 2020 Rule serves poorly to carry out the objectives of the CWA. As compelling as those arguments may be, they do not provide a sufficient basis for a court to substitute its judgment for the policy choices of the Agency," Seeborg wrote.

However, just a couple hours after Seeborg ruled, a federal judge in Colorado granted that state's request to put implementation of the rule on hold there. U.S. District Court Judge William Martinez concluded that the state was likely to succeed in proving that the Trump administration's definition of protected waterways violated the Rapanos ruling and that allowing the rule to go into effect, only to later be struck down, "would likely create unnecessary confusion among the regulated community about what standard really applies."

Click here for more information on the Navigable Waters Protection Rule.

Politico, 06/22/2020

About This Week in Washington

This Week in Washington is an online news portal from the Water Environment Federation that provides updates on the latest legislative and regulatory developments that affect the water and wastewater communities. It provides concise reports of related bills, regulations, legal decisions, congressional hearings, and other federal government actions, following key issues from introduction to final determination.

This Week in Washington Logo

Return to full list of This Week in Washington articles.

Read more

 

Visit the WEF News Hub to see all of the current news from WEF.

Subscribe

WEF SmartBrief, a daily e-newsletter designed especially for water sector professionals, delivers the latest news articles from This Week in Washington to your inbox.

SmartBrief is a quick, two-minute read that will help keep you up-to-date with the latest water sector news and trends. Through WEF SmartBrief, you will gain carefully curated and condensed summaries of the day’s happenings, including legislative and regulatory news from WEF and worldwide news sources.

Subscribe to WEF SmartBrief

Want to keep up to date with WEF's news and announcements about our programs and products?

join our mailing list

Contact Us

This Week in Washington is compiled by the WEF Government Affairs department. Please contact us with any questions or comments.

Claudio Ternieden
Senior Director of Government Affairs & Strategic Partnerships

Steve Dye
Legislative Director

Amy Kathman
Government Affairs Specialist