On April 22, the U.S. Court of Appeals for the Sixth Circuit issued a clarified ruling blocking the U.S. Environmental Protection Agency and Army Corps of Engineers from enforcing a final rule published by the agencies on Jan. 18 that revises the definition of Waters of the United States until at least May 10. The ruling was the result of a lawsuit brought by Kentucky’s attorney general and private industry groups.
The final rule, which defines the scope of waters subject to Clean Water Act regulation, repealed the Trump administration’s Navigable Waters Protection Rule, which ABC supported, and codified a definition that reflects the pre-2015 regulatory regime that the agencies are currently implementing. Following prior injunctions issued by other courts, enforcement of the rule is now blocked in 27 states.