Critics Warn WOTUS Rule Lacks ‘Respect’ Under Limited Deference Standard

GOP states and industry groups are seeking to inject the Supreme Court’s recent precedent ending Chevron deference into their suit challenging the Biden administration’s “waters of the United States” (WOTUS) rule, charging that the measure is unlawful and should be granted neither “deference” nor “respect” under the narrower Skidmore standard. Judge James Brown of the U.S. District Court for the Southern District of Texas issued an Aug. 12 order granting state and industry plaintiffs’ Aug. 8 motion to...