Waters Lawsuits Will Roll on Even as High Court Weighs in

At least five federal lawsuits challenging the EPA’s new waters of the US rule are expected to continue even if the US Supreme Court undermines the basis for the rule in an opinion coming this term.

The ruling could fuel states’ legal challenges to the Environmental Protection Agency’s waters of the US, or WOTUS, definition, attorneys say.

Twenty-six states and a slate of agricultural and industry groups have joined the lawsuits seeking to vacate the EPA’s latest WOTUS rule defining the scope of waters protected under the Clean Water Act. The lawsuits claim the EPA is exceeding its authority and ...