Feb. 2, 2018 - On January 31, the US EPA and Army Corps of Engineers published a rule to finalize the “Waters of the U.S.” (WOTUS) applicability date. The new applicability date is a delay of two years, “during which time both agencies will continue the process of reconsidering the 2015 rule,” states the EPA Press Release.
At least three groups have promised legal action on this matter and Attorneys General in multiple states have already signaled that they would consider suing the Administration. New York has already released a statement on the matter.
The Administrative Procedure Act is expected to serve as a legal battlefield, with challengers focusing on the short comment period – only 21 days including the Thanksgiving holiday- as well as the phrase “effective date” – and the agency’s decision to make the rule effective immediately rather than 30 days after it is published in the Federal Register, as is normal. (PoliticoPRO, 1/31/18)
Less than two weeks ago, on Jan. 22nd, the U.S. Supreme Court unanimously ruled that lawsuits relating to the Waters of the U.S. (WOTUS) rule must start at the lowest level of the federal court system — federal district courts. The administration had argued that those cases should be heard in federal appeals courts.
While this is viewed as a loss to many, the Obama era rule is still on the books, and the main fight will be the Trump administration’s continued efforts to repeal it. On Dec, 13, 2017, WEF submitted comments on the Definition of “Waters of the United States.”
