ILTA Monthly Newsletter
 

Trump WOTUS Rule Goes Into Effect

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A federal judge in San Francisco denied an 11th-hour request from a coalition of Democratic attorneys general to halt implementation of the Trump administration's controversial new definition of streams and wetlands that warrant federal protection. By refusing to grant a national Preliminary Injunction, the judge allowed the new Trump Waters of the United States rule to go into effect on June 22. Meanwhile, in Colorado, a federal district court did issue a PI halting the rule at least temporarily, but the ruling was limited to the state of Colorado. 

As you may recall, the Obama WOTUS rule was subject to many legal challenges. By the time the Trump Administration reversed the rule, it was in effect in only half the states due to various court rulings. Other Democrat-led states and environmental groups have outstanding court challenges and have sought PIs and to ultimately overturn the rule. However, none were ready for a decision before the rule took effect. In short, this is merely the first two steps in what will be a long costly litigation battle over the fate of the Trump WOTUS rule. However, as of now, it is effective in 49 states.

 

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