Citing 9th Circuit Precedent, District Judge Vacates Trump-Era WOTUS Rule

August 30, 2021
A federal district court judge in Arizona has granted a request from six tribes to vacate the Trump-era definition of waters of the United States (WOTUS), citing precedent from the U.S. Court of Appeals for the 9th Circuit and potential environmental harms from leaving the rule in place, though it is unclear whether the vacatur will apply nationwide. “Because equity does not demand the atypical remedy of remand without vacatur, the Court will vacate and remand the” 2020 rule, known...

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