Judge George C. Hanks ruled that EPA violated the Administrative Procedures Act by adding distance limits in the final regulation that were not a "logical outgrowth" of the proposal. He also cited the agency closing off the public comment period on the rule before EPA issued a key scientific report that undergirded the rule.
However, the ruling still keeps the WOTUS rule in place as the judged declined to rule on the challenges to the rule. That means the measure is still on the books in around half the states that are not covered by preliminary injunctions.