Federal judge halts WOTUS litigation until Biden issues new ruling

(UI) – According to E&E News, the U.S. District Court for the Southern District of Texas temporarily stopped litigation over the Biden administration’s water regulation. Considering a recent Supreme Court decision, the judge opted to wait until the EPA and the Army Corps of Engineers can revise the rule.

Citing Sackett v. EPA, the agencies requested that Judge Jeffery Brown use the ruling to “scrap the Biden water rule once and for all.”

Texas and Idaho are arguing that the Sackett ruling has left Biden’s “WOTUS” rule obsolete. According to E&E News, both the EPA and Army Corp have a plan to revise the rule, considering the Sackett ruling. Last month, the EPA announced that an amended rule would arrive in September.

Following the Sackett ruling, many states have been left unclear over which elements of the law override prior standards. Both exempt and non-exempt states are urging the Biden administration to offer guidance moving forward.

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