RFG 2018 Conference

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Two-year delay to WOTUS applicability date finalized after the Supreme Court ruled that challenges belong in federal district courts

U.S. Supreme Court building

On January 22, the U.S. Supreme Court unanimously ruled that any challenges to the Waters of the United States (WOTUS) Rule must be filed in federal district courts, not federal courts of appeals. While the Supreme Court’s ruling would have permitted enforcement of the WOTUS Rule in 37 states, the EPA and USACE finalized a rule on January 31 that creates a new applicability date for the WOTUS rule two years from now.

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