States battling against the implementation of the Waters of the U.S. rulemaking by the U.S. Environmental Protection Administration and the Army Corp of Engineers haven’t given up efforts to block the rules’ implementation even though some judges have refused to provide injunctions to implementation.
One effort by 11 states, mainly in the south, have appealed to the Eleventh U.S. Circuit Court of Appeals in Atlanta.
Also, 18 states are requesting the Sixth U.S. Circuit Court of Appeals in Cincinnati, where some appeals have been consolidated, to put a nationwide hold on implementation of the WOTUS rule/regulations. An argument is that implementation in some states and not others is harmful to the farmers and businesses where WOTUS regulations have to be adopted, should the rule eventually be rescinded.
The only publicized win against the rule came in North Dakota where a federal judge blocked the rule's implementation in the 13 states whose case appeared before him but did not extend his injunction to be in effect outside of those 13 states.
"Given the Rule's manifest illegality and harms to the States, this inconsistent application of the WOTUS Rule should not be allowed to stand," state attorney generals representing states appealing to the Sixth U.S. Circuit Court wrote, according to Annie Snider, an E&E reporter.
There is broad speculation and consternation about if and where a ultimate hearing to challenge the rule might occur.