On August 16, a federal judge in South Carolina issued an injunction on the Trump administration’s delay of the Clean Water Rule, also known as “waters of the United States” (WOTUS).
The decision in the U.S. District Court for the District of South Carolina means WOTUS is now law in 26 states that had previously sued to not have to implement WOTUS, regulations which sparked controversy when created in the Obama era.
Among several items concerning waterway impacts, WOTUS redefined which wetlands and small waterways are covered by the Clean Water Act.
The Trump administration finalized its delay of the Clean Water Rule in February. Some states and green groups immediately sued when that action was announced, arguing the current administration rushed through the rulemaking, failed to take public comment, and consider the consequences of the rule’s suspension.
Ruling on August 16, Judge David Norton agreed, finding the Trump administration violated the Administrative Procedure Act in proposing and finalizing the rule.
Norton’s action could expedite the rewriting of WOTUS by Trump administration staff. The rewrite was already anticipated for later this year.