EPA Faces Novel As-Applied Citizen Suit To Block WOTUS Rule Nationwide

EPA and the Army Corps of Engineers are facing a novel citizen suit from a North Carolina landowner that seeks to enjoin the agencies’ from implementing their final amended “waters of the United States” (WOTUS) rule nationwide, a move that if successful would bar the rule’s enforcement in the 27 states where courts have not yet blocked it. Robert White, who is represented by the Pacific Legal Foundation (PLF), the free-market group that led the Supreme Court fight that narrowed...