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EPA Moves to Dismiss NY WOTUS Repeal Case

On March 16, DOJ filed a brief in the N.D.N.Y. asking the court to dismiss the challenge to the WOTUS repeal rule filed by two landowners in December 2019. The brief argues that plaintiffs lack standing because they can't show they've been harmed by the repeal rule and they can't show redressability. The brief also argues that the case is not ripe for review. EPA asks in the alternative that the case be held in abeyance given all of the other rulemaking efforts and litigation going on. The case no. is 1:19-cv-01498-LEK-TWD. If you would like to see a copy of the brief, send me an email. (My blog host unfortunately does not allow pdf. attachments).

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