Nationwide Stay on WOTUS Rule Implementation Lifted as Expected

The stay on implementation of the waters of the U.S. (WOTUS) rule has been lifted via a decision issued Feb. 28 by the U.S. Court of Appeals for the Sixth Circuit. The court issued the stay October 2015, but in light of the Supreme Court ruling last January that the circuit court lacked jurisdiction on the WOTUS rule, the court lifting of the stay was widely expected.The Supreme Court issued its final judgement on the matter February 23 and the action taken today by the Sixth Circuit dismisses all challenges to the WOTUS rule, citing the Supreme Court ruling that Federal District Courts have jurisdiction in the matter. Presumably, that means a stay on implementation issued by a Federal District Court in North Dakota covering 13 states is still in effect. And, U.S. agricultural interests have taken their efforts to Federal District Court in Texas, seeking a nationwide stay on WOTUS implementation from that court.