Court Dismisses Kentucky, Industry WOTUS Challenge On Standing Grounds

April 3, 2023
A federal district court judge has denied Kentucky and industry groups’ request to block implementation of the Biden administration’s definition of “waters of the United States” (WOTUS), finding they failed to show standing and that therefore the case must be dismissed. “Absent a certainly impending injury, the claims are not ripe, the parties do not have standing, and they are unlikely to succeed on the merits of their claim. Accordingly, they are not entitled to a preliminary injunction. And having...


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