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Yet Another WOTUS Decision - This Time from the Sixth Circuit

Updated: Aug 7

By my count, there have now been at least 28 reported cases involving challenges of some sort of challenge to the WOTUS rule, repeal rule or replacement rule. As I point out in more detail in my upcoming op ed piece in NR&E, this endless WOTUS litigation is crazy. Congress needs to step in and fix this problem. Now. BTW, when the court begins its opinion with a quote from Churchill, you know one of the parties is in trouble.


Ohio v. EPA, ___ F.3d ___, 2020 WL 4500007 (6th Cir. 2020) (denying interlocutory appeal of district court denial of motion for preliminary injunction against the 2015 WOTUS rule, held that the motion is moot because the 2015 rule has been repealed and the 2020 replacement rule is in effect; the EPA and the Corps have already provided plaintiffs with the relief they requested and there is no reasonable possibility that the 2015 will go into effect in plaintiffs’ states before the district court can hear the merits of the case; court vacated the decision below based on mootness and remanded for adjudication on the merits)



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