Bloomberg Law
Aug. 5, 2020, 11:52 PMUpdated: Aug. 11, 2020, 1:39 PM

Court Rejects State Appeal in Obama Water Rule Case (Corrected)

Ellen M. Gilmer
Ellen M. Gilmer

Federal judges on Wednesday rejected states’ effort to ensure a defunct Obama-era water rule never springs back to life in Ohio or Tennessee.

The U.S. Court of Appeals for the Sixth Circuit dismissed as moot the states’ appeal seeking to sideline the 2015 Clean Water Rule, and remanded the case to district court.

The joint Environmental Protection Agency-Army Corps of Engineers program defined which wetlands and waterways are considered “waters of the United States,” or WOTUS, subject to federal Clean Water Act requirements.

The Obama-era regulation is off the books, replaced by the Trump administration’s more industry-friendly Navigable Waters ...

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