Supreme Court takes WOTUS case

January 24, 2022

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EPA sued for relying on illegal rules following WOTUS repeal

October 22, 2019

Albuquerque, New Mexico; October 22, 2019: A lawsuit filed today on behalf of the New Mexico Cattle Growers’ Association challenges the Trump Administration’s decision to rely on old, unconstitutional rules in the wake of the 2015 Waters of the United States rule’s repeal. Last month, the Environmental Protection Agency announc ...

Trump administration’s WOTUS revisions fail to deliver

December 11, 2018

Sacramento, California; December 11, 2018: In February 2017, President Trump issued an executive order instructing the Environmental Protection Agency and the Department of the Army to revise the overly broad definition of “navigable waters” under the Waters of the United States rule. The goal of Trump’s order was to protect ordin ...

EPA ignores PLF advice on Congressional Review Act and WOTUS

February 15, 2018

Last year, following President Trump’s executive order directing EPA to rewrite its disastrous 2015 regulation which magically redefined millions of acres of dry land across the nation as federally protected navigable waterways, PLF offered EPA some advice, not only on how to rewrite the rule to make it conform to the limits of the Clean  ...

PLF testifies on WOTUS rule

November 30, 2017

One of the most contentious federal regulations published in recent decades is the ill-fated and  ill-legitimate “waters of the United States” or “WOTUS” rule that was issued by the Corps and EPA over the objections of Corps experts who argued the EPA misrepresented the science and misapplied the law. … ...

White House WOTUS update

July 25, 2017

We reported here that the Administration had proposed withdrawing the 2015 WOTUS rule as directed by Executive Order. And, that EPA would soon be issuing a new rule defining “waters of the United States” under the Clean Water Act. According to a recent statement by the Office of Information and Regulatory Affairs, the EPA will … ...

The Nation’s WOTUS problem!

June 30, 2017

In response to the President’s Executive Order directing the EPA to revise the controversial rule redefining “waters of the United States” issued in 2015, EPA proposes to withdraw the rule, codify preexisting rules and guidance, and then issue a new WOTUS rule in keeping with Justice Scalia’s opinion in Rapanos v. United Sta ...

WOTUS rule withdrawal only a good start

June 27, 2017

Pacific Legal Foundation applauds the Trump administration’s announcement of its withdrawal of the infamous WOTUS rule. But it’s only a start. More must be done. The WOTUS rule called for a dramatic, unprecedented and unconstitutional expansion of the federal government’s authority to regulate all manner of land use, no matter how ...

Briefing on WOTUS Rule begins in Supreme Court

April 27, 2017

On behalf of landowners, we filed our initial challenge to the Army Corps and EPA  “waters of the United States” or “WOTUS” rule in the Federal District Court of Minnesota in 2015. That case was dismissed for lack of jurisdiction. We filed a parallel challenge to the WOTUS rule in the 8th Circuit Court of … ...