Search
  • 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.


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.

38 views

Recent Posts

See All

A Slew of New CWA Cases

As I mentioned in my October 3 blogpost, the courts have been on a tear. Since October 3, I've blogged about 15 new cases, and today I add seven more to that number (plus a summary of the SF Baykeeper

EPA Wins an Iowa CAFO Case

An EPA ALJ today ruled in EPA's favor in a CAFO enforcement action in Armstrong, Iowa. A copy of the 108-page decision is attached below. The case was filed in 2016, and went to hearing in December 20

© 2016 by Ryan & Kuehler PLLC.

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