District Court Judge Rules Against Obama-era WOTUS Rule

Judge Lisa Godbey Wood of the U.S. District Court for the Southern District of Georgia in August ruled against the Obama administration's heavily litigated Clean Water Rule, known as the Waters of the U.S., or WOTUS rule. The court said the U.S. Environmental Protection Agency’s interpretation of the federal statute was over broad and went beyond its delegated authority to define “Waters of the United States.” The Court also ruled that EPA violated the Administrative Procedures Act.

Finalized in 2015, the Obama-era rule aimed to clarify which wetlands and waterways are subject to federal protections under the Clean Water Act. Red states, farmers, industry groups and others launched a sweeping legal battle against the regulation. Numerous court rulings have left the rule blocked in 27 states and effective in 22 others, with its status uncertain in New Mexico. Litigation over the 2015 standards is still pending in district courts across the country

The Trump administration has undertaken a Notice and Comment Rulemaking to repeal and replace the rule. Whatever the terms of that rollback, there is certain to be another round of litigation.  

The Georgia district court ruling is the result of a lawsuit brought by a coalition of states filed more than four years ago. The decision resolves the case in the states' favor and remands the rule to EPA.