States Double-Down on Challenges to EPA’s Wetlands Rule (1)

Industry groups and 26 states advanced federal wetlands and waters litigation this week that aims to define terms left unclear by both an EPA rule and the US Supreme Court’s May ruling in Sackett v. EPA.

The states in two separate lawsuits filed early this year have amended their complaints to accuse the Environmental Protection Agency and the Army Corps of Engineers of violating the Clean Water Act and Administrative Procedure Act when it updated its waters of the US, or WOTUS rule, to account for the Sackett ruling.

The moves are expected to lead to clarification in what waters ...