EPA Wants Judgement in NY WOTUS Case

The EPA is expected to ask a federal judge in New York to rule in its favor on a lawsuit challenging the delay of the 2015 waters of the United States, or WOTUS, rule, according to a document filed last week announcing plans to file for summary judgement. Attorneys general of 10 states and the District of Columbia sued the EPA in February, alleging the agency's final rule suspending the WOTUS rule is unlawful. A motion for summary judgement asks a court to rule on the merits of the case without a trial taking place. In addition, the states filed a prior similar motion, asking the U.S. District Court for the Southern District of New York to rule in their favor. New York's attorney general is leading a coalition of 10 states and the District of Columbia in challenging the EPA's action. New York is joined by attorneys general from California, Connecticut, Maryland, Massachusetts, New Jersey, Oregon, Rhode Island, Vermont, Washington and the District of Columbia. The Natural Resources Defense Council filed a similar lawsuit in the same court.