Insider Header
FocusOn Landscapers | FocusOn Equipment Rentals | FocusOn Mining, Aggregates & Construction | FocusOn Land Improvement Contractors
Trending Industry Stories
Man Steals Backhoe To Drive To Airport To Catch His Flight
Balanced Performance and Versatility. Merlo P120.10HM
Countdown of Top Ten Construction Equipment Manufacturers
New Sandvik Battery Boosts BEV Runtime By 36 Percent
Continental Shop In A Box
California Seeks EPA Approval To Ban Sales Of New Gasoline-Only Vehicles By 2035
Dual Design Awards For Rototilt For Its New Joysticks
Compact Loader Financing & Cash Rebates
Termite Mounds An Inspiration For Future Climate-Regulating Buildings
U.S. Supreme Court Rules Against EPA In Wetlands Regulation Challenge
Volvo CE Strengthens FIA World RX Platform With New Partnerships
40% of Los Angeles 34,000 Freeway Lights Don't Work Because Of Vandalism
EPA Under Pressure To Revive Noise Pollution Program
Every Grave At Arlington Did Have A Flower For Memorial Day After Last-Minute Rush Of Donations






Federal Judge Bars Biden 'WOTUS' Rule, But Only in Texas and Idaho

Original source: ENR


A federal judge in Galveston, Texas has granted an injunction blocking the Biden administration’s Waters of the U.S. (WOTUS) rule from taking effect­, but only in Texas and Idaho.

In his March 19 ruling, .U.S. District Court Judge Jeffrey Vincent Brown also turned down a request from 18 construction and other trade groups to issue a nationwide injunction against the regulation.

Outside of those two states, the rule, which sets federal protections for certain water bodies and wetlands under the US Clean Water Act, took effect on March 20.

Brown said that the associations “did not show that they or their members face irreparable harm” from the Biden regulation. The organizations include the American Road & Transportation Builders Association, Associated General Contractors, National Association of Home Builders and the National Stone, Sand & Gravel Association.

There are two other requests pending. One lawsuit, filed on Feb. 16 by 24 states in federal district court in North Dakota, seeks to have the Biden rule struck down and to bar the US Environmental Protection Agency and U.S. Army Corps of Engineers from enforcing it in those states

On Feb. 22, Kentucky filed a complaint against EPA and the Corps, contending that the Biden rule exceeds congressional authority under the Constitution’s Commerce Clause and also that the regulation exceeds the two agencies' authority under the Clean Water Act.

Kentucky is seeking to have the rule struck down and to have the court issue preliminary and permanent injunctions blocking the EPA and the Corps from implementing or enforcing it.

The North Dakota and Kentucky cases “could result in similar rulings” says Larry Liebesman, a senior adviser at water resources consulting firm Dawson and Associates.

Liebesman, a former U.S. Dept. of Justice litigator, said in an interview that having the new Biden rule in effect in some states but not others "does create, obviously, a lot of confusion."

Nick Goldstein, ARTBA vice president of regulatory and legal issues, says, “We’re certainly happy that the rule has been stopped in Texas and Idaho."

Goldstein said in an interview, “We had asked for a nationwide injunction because obviously waters don’t stop at state lines but we also understand that … judges can be very reluctant to strike down a rule on a nationwide basis.”

He adds, “Now we can move to the merits phase for the case where we can actually mount our legal challenge to the rule, [namely] that we think it’s overbroad."

The judge's decision comes as the Biden administration, states, construction groups and environmental organizations are awaiting a decision from the U.S. Supreme Court that seeks to clarify the more central issue of the bounds of federal jurisdiction under the Clean Water Act.

The issue has come before the high court several times since 1985 and the definition of what the clean water statute terms "Waters of the United States" has remained unclear.

The pending Supreme Court case is Sackett v. U.S. The court held oral arguments in the case in October and is set to rule on the case by July.

... GO TO Federal Judge Bars Biden 'WOTUS' Rule TO READ MORE

The FocusOn Group

FocusOn Landscapers
FocusOn Equipment Rentals & Retailers
FocusOn Mining, Aggregates & Construction
FocusOn Land Improvement Contractors

The FocusOn Industry Insider, bringing you breaking news and information relevant to your industry.

We hope you enjoy this no charge service for FocusOn subscribers. Suggestions for making the Insider better?

Would you like to advertise with us?
Advertising Inquiry
Forward Subscribe