• Mark Ryan

Industry Group Moves to Intervene in WOTUS litigation

As expected, a group of 17 industry and ag lobby groups has moved to intervene as defendants in the SELC lawsuit filed the District of South Carolina. See my April 29 Blogpost for a discussion of the filing of that lawsuit.

The group includes a who's who of American industry and ag, including the American Farm Bureau, American Petroleum Institute, Chamber of Commerce of the United States of America and others. Nexsen Pruitt LLP and Mayer Brown represent the intervenors.

The 22-page brief lays out of the history of these parties' active participation in all aspects of the WOTUS litigation for the last few years, attacks the 2015 rule (interesting argument in a challenge to the 2020 rule), and makes the standard arguments for intervention. I suspect the motion will be granted. The interesting question is wether this or other industry groups will move to intervene in the other WOTUS cases. Also worth watching in the long term is the role of these intervenors if Trump is not reelected, and the Biden Administration tries to walk back the 2020 rule, which it likely will.

Here's a link to the brief.

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