April 2024 WOTUS Litigation Update

The revision of the rule defining "waters of the United States" ("WOTUS"; the "Post-Sackett Rule") has not resolved the litigation surrounding the WOTUS definition. In fact, it seems that litigation is heating up, with various new developments on multiple fronts. This post will give a short summary of the status of the three main cases on the topic, as well as highlight a new case that could further impact the implementation of the Clean Water Act.

As a brief reminder, there are three pending cases that are impacting the implementation of the Post-Sackett Rule:

1. Texas Litigation--filed in the Southern District of Texas, with an injunction effective for Texas and Idaho;
2. Kentucky Litigation--filed in the Eastern District of Kentucky, with an injunction effective for Kentucky (issued by the Sixth Circuit Court of Appeals);