The Biden administration has filed requests in U.S. District Courts in Maryland and Washington, D.C., requesting a pause in litigation over the Navigable Waters Protection Rule put in place by the Trump administration as a replacement to the Obama-era Waters of the U.S. (WOTUS) rule.
The administration signaled immediately upon taking office that it was reviewing the Trump actions on the rule and has sought a six month delay in court actions, arguing that will allow the Biden administration “adequate time to review the rules and determine whether the rules should be maintained, modified, or otherwise reconsidered.”
The administration pledged to provide an update in 90 days and at the end of the six-month period, the parties are to provide a “joint status report proposing further proceedings.” In the wake of the court filings, Reps. Peter Defazio, D-Ore., and Grace Napolitano, D-Calif., called on President Joe Biden to immediately repeal the Trump administration rule, charging it is “fatally flawed proposal, with no basis in the law, no basis in the science, and a blatant giveaway to polluters.”
U.S. ag interests are monitoring the situation closely as many groups marshalled resources to get the WOTUS rule replaced due to their contention that it was a case of government overreach and would subject a large amount of area to federal regulation. Given the filings in court, it is clear the Trump administration rule will not be immediately repealed as requested by the lawmakers.