AUSTIN (1080 KRLD) - The U.S. District Court for the Southern District of Texas granted Texas' motion for summary judgment in their challenge of the United States Environmental Protection Agency's (EPA) the Waters of the United States (WOTUS) rule of the Clean Water Act (CWA).
The rule expanded the definition of bodies of water subject to federal pollution controls to include wetlands and waterways that feed into lakes and rivers.
US District Judge George Hanks ruled the Obama EPA violated the Administrative Procedure Act when rolling out the final version of the rule; specifically failing to observe the notice-and-comment requirements. It's now up to the EPA to rewrite the rule.
"This critical federal court decision is a major victory for the people of Texas' ability to regulate their own natural resources, including ponds, puddles and streams on private property, and a major win for property owners, whose land would have been subject to unlawful and impractical EPA regulations," Attorney General Paxton said. "I'm proud to have led a multistate coalition lawsuit challenging WOTUS. My office will always stand up for the rule of law and states' rights."
Environmental groups are bracing for a fight. Environment Texas Director Luke Metzger said, "the Judge did not rule on any of the claims about whether the CWA rule was appropriate or not, but instead sent it back to the Trump Administration to redo the rule with collecting sufficient public comment." Metzger added, "I think the court battles will continue. The fight over the Trump Administration's rollback will continue. So this is just a skirmish in the continuing battle over clean water."
The district court previously enjoined the rule's effect in Texas, Louisiana, and Mississippi - joining district courts in North Dakota and Georgia that also entered injunctions in 24 states before those courts—and this injunction will remain in place. Last August, a district court in South Carolina overturned President Trump's effort to delay the effectiveness of the WOTUS rule nationwide while the EPA continues its efforts to prepare a replacement rule.
