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

Posted on 9/17/2018 by Roger Marks

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.

Do you know the latest Clean Water Act rules that impact your facility? Identify the CWA rules that you must know to maintain compliance, from discharge limitations to NPDES permitting, underground injection control (UIC), oil spill preparedness and reporting, and more. The Clean Water Act and Safe Drinking Water Act Online Course is available now! 


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.

Complete EHS Manager Training

Understanding the air, water, and chemical regulations that apply to your facility will help you communicate clearly and confidently with your organization and better defend your business against costly fines, penalties, and future liability.
 
Check out the Complete Environmental Regulations Online Course . The online course is packed with training content, tutorials, resources, and FAQs that clarify and simplify the complex, overlapping EPA rules you must know. 

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

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