Judge Grants Industry Second Chance To Seek National WOTUS Injunction

March 23, 2023
Over EPA’s objections, a federal judge in North Dakota has granted industry groups’ motion to intervene in states’ litigation challenging the agency’s rule defining “waters of the United States” (WOTUS), providing the coalition a second opportunity to seek a national injunction against the rule after a court in Texas found they failed to show injury. In a March 22 order , Judge Alice Senechal of the U.S. District Court for the Eastern District of North Dakota granted the industry coalition’s...

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