• Mark Ryan

PLF Files Two WOTUS Rule Challenges

The Pacific Legal Foundation has filed two complaints in New Mexico and in Oregon challenging the new WOTUS rule. The clients in both cases are Cattlemen's Associations.

The complaints assert that the new rule promulgated on April 21 includes waterbodies that should not be covered by the CWA because some of the enumerated water bodies may have water in them only "for a few days or weeks in any given year." They make many ultra vires arguments, as well as denial of proper notice and comment, impingement on traditional state authority, exceeding the Commerce Clause, void for vagueness, deprivation of due process, etc. In other words, they're launching a very broad attack on the rule, apparently with the aim of pairing back the CWA to something much less than we've known for the last 45 years.

I have not seen any complaints from the states, tribes or enviro groups since the publication of the rule, but I'm sure they'll be filed soon. See my April 21, Feb. 7 and January 23 and 25 blogposts for more on the new WOTUS rule.

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