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EPA’s Waters of the US Rule “Blocked” Nationwide

Posted on 10/12/2015 by Roger Marks

On October 9, 2015, the US Court of Appeals for the Sixth Circuit issued an Order of Stay, which granted a petition and effectively blocked EPA’s new Clean Water regulation nationwide. The rule is now Stayed nationwide pending the result of legal challenges to EPA’s water authority.

US EPA’s new “Waters of the US Rule” took effect on August 28, 2015, which grants EPA authority to regulate more bodies of water under its Clean Water Act program.

Read about the hotly contested US EPA “WOTUS” rulemaking here.

In August, on the day the new Clean Water entered into effect, a Federal judge issued a temporary injunction to delay enforcement. EPA agreed at that time to hold off enforcing the new requirements, but only in the thirteen US states named in the petition.

To make it clear that the new Stay applies to all US states, the Order issued on Friday, October 9 explicitly states, “The Clean Water Rule is hereby STAYED, nationwide, pending further order of the court.”
 
EPA regulated water under the Clean Water Act


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Tags: Act, Clean, EPA, new rules, Water

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