DOJ Urges Appellate Court To Reverse Stay Of WOTUS Rule In Colorado

The Justice Department (DOJ) is urging an appellate court to overturn a judicial stay of the Trump administration’s narrowed “waters of the United States” (WOTUS) definition in Colorado, arguing the lower court erred in its analysis of Colorado’s likelihood of success on the merits and that the state failed to show it will be irreparably harmed by the rule. “At most, one could speculate that Colorado will have to choose whether to bring one or two additional enforcement actions” as...