On Sept. 13 a U.S. District judge in Texas temporarily blocked enforcement of the Obama-era Waters of the United States rule (WOTUS) in Texas, Louisiana, and Mississippi, handing a victory to land owners in those states.
“Today’s district court ruling is a win for property owners in Texas, Louisiana and Mississippi, sparing them from the unlawful and impractical WOTUS rule that would allow EPA regulation of ponds, streams and puddles on private land,” Texas Attorney General Ken Paxton said in a statement. “By restoring principles of federalism to this area of law, the ruling is an even bigger win for the Constitution and the fundamental liberties it protects.”
The 2015 rule aimed to further clarify the term, “waters of the United States.” The definition is an important one, as it tells regulators which bodies of water fall under the Clean Water Act, and consequently which bodies of water the federal government can regulate.
The changes didn’t add new bodies of water to the regulations, but further defined those already in place. By broadening the definition of bodies of water such as streams, wetlands, and adjacent water, the new rule greatly expanded the reach of the Clean Water Act.
The rule was vehemently opposed by landowners and organizations across the United States as government overreach, and numerous lawsuits were filed to stop implementation. Three months after it was announced, the U.S. Court of Appeals for the Sixth Circuit ruled it had jurisdiction over all of the WOTUS cases and issued a stay, putting the rule on ice.
