6th Circuit Finds Two States’ Appeal Over Obama-Era WOTUS Rule Moot

The U.S. Court of Appeals for the 6th Circuit has denied Ohio and Tennessee’s request to preliminarily enjoin the since-repealed Obama-era waters of the United States (WOTUS) rule, finding the states’ interlocutory appeal of the issue is now moot but remanding the case back to the district court for further proceedings. The unanimous Aug. 5 opinion written by Judge Raymond M. Kethledge on behalf of himself, Chief Judge R. Guy Cole Jr. and Senior Judge David W. McKeague compares the...