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States Urge Panel to Let Obama Waters Rule Challenge Proceed

May 20, 2022, 6:51 PM

Ohio and Tennessee told the Sixth Circuit Friday that litigation in other courts could resurrect an Obama-era rule with an “aggressively broad” definition of waters of the US, so the appeals court should revive the states’ challenge to the rule.

The states say the 2015 rule violated the Constitution, the Clean Water Act, and the Administrative Procedure Act. The Trump administration repealed the rule in 2019 and redefined WOTUS in 2020. The Biden administration later proposed a new rule to replace the 2020 rule, saying the new rule would reinstate pre-2015 regulations.

It’s not “absolutely clear that the 2015 Rule ...