Texas vs. EPA Decision Halts 2015 WOTUS Rule in 3 States

In a recently wrapped-up court case named Texas vs. EPA, a Texas District Court judge decided this week not to impose a nationwide halt to the implementation of the Obama-era Waters of the United States Rule (WOTUS Rule). The judge did agree, however, to halt implementation of the new Clean Water Act requirements in three states: Texas, Louisiana, and Mississippi.

The new WOTUS requirements—which essentially expand the applicability of Clean Water Act programs like SPCC Planning, oil spill notifications, NPDES permitting, stormwater discharge, and dredge-and-fill—are now blocked in 26 states and in effect in the remaining 24.

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Now Where is the 2015 WOTUS Rule In Effect?

The rule was already blocked in Mississippi under a previous court decision. At this time, the new district court decision will impact Texas and Louisiana only. See the updated map below to see if the 2015 WOTUS Rule is in effect in your state now, or not.  
 

2015 WOTUS Rule in Effect: California, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, and Washington.

2015 WOTUS Rule NOT in Effect: Alaska, Alabama, Arizona, Arkansas, Colorado, Georgia, Idaho, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, South Carolina, South Dakota, Utah, West Virginia, Wisconsin, and Wyoming.

2015 WOTUS Rule Blocked by Latest District Court Decision: Texas, Louisiana, Mississippi

Further Reading: WOTUS Timeline

Keeping the saga of EPA’s WOTUS rule—which now includes input from EPA, district courts, Circuit Courts, the Supreme Court, and interest groups on both sides of the argument—is increasingly difficult.

Below we’ve updated our approximate timeline of major WOTUS-related events since the rule was finalized in 2015, with links for more information.

• 06/2015: EPA Redefines “Waters of the United States” (EPA Final Rule)

• 08/2015: EPA’s Waters of the US Rule Blocked in 13 States (District Court Ruling)

• 10/2015: WOTUS Rule Blocked Nationwide (Circuit Court Ruling)

• 03/2017: POTUS Orders Review of WOTUS Rule (Executive Order)

• 03/2017: EPA and Army Announce Review of 2015 WOTUS Rule (EPA announcement)

• 06/2017: EPA Proposes Waters of the US Recodification (EPA proposal)

• 08/2017: EPA Extends Comment Period on WOTUS Rule Recodification (EPA proposal)

• 11/2017: EPA and Army Push Back WOTUS Applicability by 2 Years (EPA proposal)

• 01/2018: Supremes Relegate WOTUS Argument to District Courts (SCOTUS decision)

• 07/2018: EPA Clarifies Its WOTUS Repeal Rule (EPA proposal supplement)

• 08/2018: District Court Revives 2015 WOTUS Rule in 26 States (District Court Ruling)

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Tags: Act, Clean, EPA, new rules, Water, Waters of the United States, WOTUS