Kentucky’s challenge to the EPA’s new waters of the US rule has been tossed out by a federal judge because he ruled the state lacks standing and the court lacks jurisdiction.
US District Judge Gregory F. Van Tatenhove of the US District Court for the Eastern District of Kentucky dismissed Kentucky v. EPA on March 31 because the state and business groups that joined the challenge haven’t yet been harmed by the rule, which took effect March 20.
The state is seeking a preliminary injunction against the 2023 waters of the US rule, or WOTUS, which determines which waters and ...
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