The Waters of the United States Rule (WOTUS) has been placed on hold in Texas and Idaho following a ruling by Judge Jeffrey V. Brown of the U.S. District Court in the Southern District of Texas. Judge Brown noted that the EPA interpretation of the 2015 Clean Water Act raised jurisdictional and constitutional questions. He observed that the defendants, U.S. EPA and the Army Corps. of Engineers should have waited for the SCOTUS ruling on Sackett v EPA expected before mid-year before issuing the WOTUS Rule.

The plaintiffs in the case included inter alia the National Cattlemen’s Beef Association, the American Farm Bureau Federation, the National Pork Producers Council and the U.S. Poultry and Egg Association.  The plaintiffs were seeking a comprehensive injunction staying the WOTUS rule in 48 states.

Now Texas is exempt