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Tuesday, June 23, 2020

Trump Administration WOTUS Rule Survives One Initial Court Test

The Waters of the U.S. (WOTUS) rule put forth by the Trump administration to replace the Obama-era version will go into effect today after a federal judge in San Francisco denied a motion to block implementation of the plan.

More than 12 states sought to suspend implementation of the rule. This decision has some expecting that other court challenges of the plan may not be successful.

However, a federal court in Colorado granted the state’s request to freeze implementation of the rule., The court ruled the state was likely to succeed in challenging the administration’s version of the rule. To put the rule into effect in Colorado, only to have it struck down, “would likely create unnecessary confusion among the regulated community about what standard really applies,” the judge wrote.