Bloomberg Law has reported that a federal judge in Texas has issued a preliminary injunction against the Biden administration’s waters of the US rule (aka WOTUS). However, the injunction only applies to the states of Texas and Idaho. The injunction was issued on the day before the rule took effect for the rest of the country on Monday, March 20, 2023.
The EPA and Army Corps’ interpretation of the Clean Water Act to include all interstate waters without “any limiting principle” raises “serious” federalism questions, [Judge] Brown wrote.
“The rule is likely to irreparably harm Texas and Idaho for intruding on their sovereignty and imposing unrecoverable compliance costs…” Said US District Court Judge Jeffrey Vincent Brown.
This continues to be an ongoing issue that is far from over with at least 26 states and industry groups having joined at least five lawsuits seeking to vacate the rule. Back in January, the NMHC (National Multifamily Housing Council) weighed in on the issue, calling it, among other things, a “federal overreach.”
Click here to read the full report at Bloomberg Law.
