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Hello, goodbye WOTUS
Story Date: 2/7/2018
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Source: POLITICO'S MORNING AGRICULTURE, 2/6/18
The Trump administration's rule delaying implementation of the contentious Waters of the U.S. rule runs in the Federal Register today, effectively opening the floodgates for lawsuits. Here's what to watch as the cases start coming:
Those challenging the delay: Environmental groups and Democratic attorneys general have already announced plans to sue over the rule. It remains to be seen if opponents of WOTUS file their own "friendly" lawsuits.
In which jurisdictions the suits are filed: The recent Supreme Court's ruling that said challenges to the Obama-era rule needed to start in district court also applies to challenges to the Trump administration's efforts to delay WOTUS. That means those suing can pick friendly courts like the left-leaning U.S. District Court for D.C. or the District Court for the Northern District of California. Any challenges brought by Pruitt allies could be aimed at getting more conservative courts in the mix.
Injunction junction, what's your function? The Trump administration decided to bypass the normal 30-day waiting period for the time from when a final rule is published in the Federal Register and when it goes into effect.
But that won't have any practical consequence until the U.S. Court of Appeals for the 6th Circuit lifts its nationwide stay of the Obama rule - something that could happen as soon as Feb. 16. In the meantime, backers of the 2015 regulation are likely to ask courts for their own stay of the delay rule.
If a judge agrees, EPA and the Army Corps could end up in the exact situation they've been trying to avoid for two and a half years: a patchwork of regulations where the Obama rule is in effect in some states but not in others.
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