• 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.

If you would like to receive email notifications of new blogposts, go to the signup button above, leave your email, and you'll be alerted to updates.

44 views0 comments

Recent Posts

See All

A Special Treat

In my April 12 blogpost, I explained that I would be retiring soon, and with retirement I would be retiring the CWA Blog at the end of May. In that post, I referenced a special treat for my readers. A

Six New Cases

We have three Circuit Court cases this round, which is unusual. None are earth-shaking, but the Rio Hondo case is worth a read if TMDL/anti-backsliding/WQ permit limits are your thing. The Center for

Enviro Groups Sue the Corps Over Pipelines

A number of environmental groups have sued the Corps over NWP 12, alleging that the modifications to the NWP failed to properly analyze environmental impacts of pipelines. The NWP modifications pushed