EPA Fights State, Industry Efforts To Block WOTUS, Citing Status Quo

March 3, 2023
The Biden administration is pushing back on state and industry calls for a federal court to block implementation of its rule revising the definition of “waters of the United States” (WOTUS) that are subject to federal oversight, charging they fail to demonstrate “irreparable harm,” standing or other legal elements courts require to bring such requests. “The motions for preliminary injunction each falter at the outset because they fall far short of demonstrating a likelihood of substantial and irreparable harm to...


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