Skip to main content

EPA Poised To Offer Early WOTUS Defense In Response To Injunction Push

Environmental Law Practice Chair Jeffrey R. Porter spoke to Inside EPA about the expected challenges following President Biden's revised WOTUS (Waters of the United States) rule. Jeff commented, "There's certainly precedent from the 2015 chapter of this story for injunctive relief, so I wouldn't bet against the possibility that one of these judges will attempt to issue a nationwide injunction and that'll go to a court of appeals." He continued, "While the past shows that a nationwide injunction for the rule is very possible, if not likely, ultimately this issue will more than likely be resolved through the Supreme Court in its decision on Sackett v. EPA."