The U.S. District Court for the Southern District of Georgia announced that it found the 2015 “Waters of the U.S.” (WOTUS) rule legally deficient.
U.S. District Judge Lisa Godbey Wood said in a ruling the Environmental Protection Agency (EPA) and Army Corps of Enginers (the Corps) overreached in defining their jurisdiction under the Clean Water Act (CWA). The ruling said the overreach specifically applied to EPA’s proposed assertion of federal authority over activities in interstate waters, tributaries and adjacent waters.
The ruling did not invalidate the rule but kept an injunction in place preventing the rule’s implementation in 11 states. With the decision this week, the 2015 rule is in place in 23 states and not in effect in 26. New Mexico is in ongoing court proceedings over the rule’s interpretation.
“For more than four years, Georgia has led a multi-state coalition against the 2015 WOTUS Rule, a clear example of federal overreach that infringed on the states’ traditional role as primary regulators of land and water resources within their borders,” Georgia Attorney General Chris Carr said. “We are proud to have fought for this relief, and we look forward to reforms that will permanently relieve farmers and landowners of the unnecessary burdens the rule created.”
The Trump Administration is currently in the process of finalizing a new WOTUS rule to replace the 2015 rule.
