• Mark Ryan

Another WOTUS Challenge Filed

The Environmental Integrity Project yesterday filed a 51-page complaint in the Dist. of Columbia Dist. Court challenging the 2020 WOTUS rule. Here's a link to the complaint.

This brings to nine, by my count, the number of lawsuits filed challenging the new rule. See my list below of the cases filed to date. The new EIP complaint treads now familiar ground, arguing Rapanos forecloses reliance on the RPW test, failure to recognize the scientific record, and others. One interesting twist is the plaintiffs' reliance on Maui. See pp. 4-5 and 36-38. I'm not sure how far that argument will go, but it's a new one.

Here's what I have to date for 2020 WOTUS rule complaints filed.

Colorado v. EPA D. Co.

California, et al.* N.D. Cal.

Oregon Cattlemen's Assoc. D. Or.

New Mexico Cattlemen's Assoc. D.N.M.


Conserv. Law Foundation D. Mass.

Earthjustice W.D. Wash & D. Arizona

Envt'l Integ. Project D. Dist. Columbia

These courts sit in the 10th, 9th, 4th, 1st and D.C. Cir.

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Sackett 9th Circuit Oral Argument

Remember Sackett? Yes, that Sackett. Well, it's still alive after all these years, at least until the the 9th Cir. rules. [Full disclosure, I worked on the Sackett case while at EPA.] Quick summary.

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