08-18-18 CLA: South Carolina District Court Issues Injunction of the WOTUS Applicability Date Rule

CLA: South Carolina District Court Issues Injunction of the WOTUS Applicability Date Rule

Earlier today, the Federal District Court in South Carolina granted a motion from environmental groups, entering a nationwide injunction of the WOTUS Applicability Date Rule. As you all remember, earlier this year EPA added a February 6, 2020 applicability date to the 2015 Rule, providing time to repeal and replace the Rule without it going into effect. The South Carolina Court’s injunction is immediate. Due to the injunction, the 2015 WOTUS Rule is now effective law in 26 states. 24 states are protected by other federal court injunctions against the 2015 Rule (one in North Dakota that covers 13 states, and one in Georgia that covers 11 states). Continue reading