A federal court judge in Texas issued a preliminary injunction against the Biden administration’s waters of the US, or WOTUS, rule late Sunday. The injunction applies only to Texas and Idaho.
The 2023 WOTUS rule takes effect Monday in the rest of the country and determines which waters and wetlands receive federal protection under the Clean Water Act.
US District Court Judge Jeffrey Vincent Brown wrote that Texas and Idaho, in Texas v. EPA, are likely to successfully challenge the rule’s imposition of Clean Water Act jurisdiction over all interstate waters regardless of navigability.
Since the Environmental Protection Agency ...
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