Search
  • 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.

https://environmentalintegrity.org/wp-content/uploads/2020/06/2020.6.25-Plaintiffs-Complaint.pdf

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.

SELC D.S.C.

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.

43 views0 comments

Recent Posts

See All

Waterkeeper Files NOI in Coal Ash Case

Waterkeeper last week served the NOI below on Ameren Corp, which is an electric utility in Missouri. The NOI alleges that Ameren is discharging without a permit wastewater from coal ash ponds into the

Two New (Oddball) CWA Cases

These two cases bring up issues one seldom sees in the case law, which makes them mildly interesting. Reading the clever arguments raised by defendants in the Earth Island case below reminded me of my

A Modest Proposal to Fix WOTUS

As I have argued numerous times in the past, Congress needs to fix the WOTUS problem. They created it by so vaguely defining “navigable waters,” and only they can permanently fix the problem (assuming

© 2016 by Ryan & Kuehler PLLC.

  • Facebook Basic Black
  • LinkedIn Basic Black
  • Twitter Basic Black