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2015 WOTUS RULE REINSTATED IN 26 STATES

Aug 20, 2018

In a decision on August 16, the U.S. District Court for the District of South Carolina reinstated the Obama administration’s 2015 Clean Water Rule (the 2015 Rule) in 26 states. The 2015 rule attempts to provide a definition of the term “waters of the United States” which, in turn, would determine the jurisdictional trigger for certain permitting programs, such as Sections 402 and 404 of the Clean Water Act.  In reaching its decision, the court concluded that the Trump administration’s rule delaying the implementation of the 2015 Rule violated the notice and comment provisions of the federal Administrative Procedure Act (APA).  The effect of the decision is that the 2015 Rule is immediately in effect in 26 states.

 The rule continues to be stayed in 24 other states where cases involve review of the rule on its merits. 

States where 2015 Rule will take effect: California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia and Washington.

The 24 states where the rule is still stayed are: Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, South Carolina, South Dakota, Utah, West Virginia, Wisconsin and Wyoming.

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