Sixth Circuit Court Stops EPA from Implementing WOTUS Anywhere

court gavelThank God for the U.S. Court of Appeals for the Sixth Circuit! Last Friday the Sixth Circuit issued a stay on the odious and overreaching Environmental Protection Agency (EPA)/Army Corps of Engineers’ (ECA) so-called update that redefines Waters of the United States (WOTUS) to include just about everything, including mud puddles (see EPA Power Grab: Redefines Waters of the U.S. to Include Everything). The new rule will have a profoundly negative impact on the oil and gas industry. Some 13 states sued the EPA/ACE to stop this draconian rule from going into effect. In August a federal judge temporarily blocked the new WOTUS rule to give the lawsuit brought by the 13 states a chance (see EPA’s Draconian WOTUS Rule Blocked by Federal Judge). However, the EPA, acting like petulant children, said they would move forward with implementing the rule in the other 37 states anyway. The Sixth Circuit on Friday put an end to that plan. Now WOTUS is not enforceable by the EPA, at least until the lawsuit plays out…

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