On March 19, 2023, the U.S. District Court for the Southern District of Texas issued a preliminary injunction to temporarily halt the enactment of the Biden administration's new waters of the United States (WOTUS) rule within the borders of Texas and Idaho. (The case is Texas v. EPA, Case No. 3:23-cv-00017). In addition to the two state plaintiffs, eighteen national trade organizations asked the court to enjoin the rule across the nation. The court denied the trade organizations' request, finding that the organizations did not have standing to sue because they could not prove they would suffer irreparable harm as a result of the rule's implementation. On March 20, 2023, the rule became effective throughout the United States, except in Texas and Idaho.
Supreme Court Precedent and a Pending Decision - Contextualizing the Biden Administration's WOTUS Rule
Though the district court's discussion of the Biden administration's WOTUS rule largely constrains itself to the language of the rule and the legal theories...
