• Mark Ryan

The Southern Environmental Law Center and Others Challenge the WOTUS Rule

SELC filed a complaint in the District of South Carolina on Wednesday challenging EPA's new WOTUS rule. Thirteen other groups have joined in the complaint. The 79-page complaint has eight claims for relief, largely based on the APA arbitrary and capricious standard and opportunity to comment. The complaint also alleges an unlawful rejection of the significant nexus test and exclusion of some TNWs.

SELC's complaint makes four cases that have been filed challenging the new WOTUS rule. I expect more will be filed soon. A group of blue states will likely challenge, perhaps in SDNY where they already have a case pending against the repeal rule. I've heard rumors about another national enviro group putting something together. I suspect industry groups will either file their own challenges or intervene in the existing lawsuits to hedge against EPA management changing hands next February. As expected, this new rulemaking has engendered a lot of litigation.

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