Court Remands WOTUS Rule But Plaintiffs Continue To Seek Vacatur

July 20, 2021
A federal district court in South Carolina has granted EPA and the Army Corps of Engineers’ request to remand without vacatur the Trump-era definition of waters of the United States (WOTUS), and a federal district court in Colorado has essentially ended a separate legal challenge, although several other cases remain pending. The rulings for now ease the Biden administration’s efforts to reconsider the definition though environmentalists and other plaintiffs in courts across the country are continuing to pursue cases where...

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