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WOTUS Rule Invalidated

06/06/2019

The U.S. Court for the Southern District of Texas invalidated the EPA Waters of the U.S. (WOTUS) Rule on May 28th. This ruling follows several successful injunctions delaying implementation.

At issue was the fact that the EPA and the Army Corps of Engineers issued the Rule without a complete opportunity to comment on aspects of the Rule that would have extended the jurisdiction of both Agencies.

The U.S. Poultry and Egg Association was a plaintiff along with 17 other production and business associations representing Texas, Louisiana and Mississippi and the Nation.

Paul Bredwell, Vice President of Environmental Programs at USPOULTRY stated “While we are pleased with the decision the Court made in agreeing that the 2015 Rule was unlawful, we look forward with continuing to working with the EPA in developing an appropriate means of determining the scope of the proposed WOTUS”.