Judges Doubt Kentucky’s Bid For Standing In WOTUS Suit But Eye Remand

An appellate panel is expressing significant doubts about Kentucky’s bid to win standing to challenge EPA’s shelved 2023 “waters of the United States” (WOTUS) rule, charging that the commonwealth’s appeal of a lower court’s dismissal of its suit is a “waste of our time” given that the rule is no longer operative though they remain open to a narrow remand. During July 18 oral argument in the suit Commonwealth of Kentucky v. EPA, et al. , Judge Raymond M. Kethledge...