The U.S. District Court for the Southern District of Texas ruled on May 28, 2019, that the Obama administration erred when it crafted the Waters of the U.S. (“WOTUS”) regulation.  The court found that the final version of WOTUS rule deviated too far from a previous draft version which deprived the public of an opportunity to submit public comment on the final rule.  The ruling makes final a preliminary injunction issued last year blocking implementation of the 2015 rule.  The injunction applies to Texas, Lousiana, and Mississippi.  It is unlikely that the procedural error noted by the District Court will be corrected as the Trump administration has been working to repeal and replace the WOTUS.

For more information, contact Phillip Hoover or Andy Thompson.