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August 30, 2015

Court Halts EPA Waters Of The United States Rule In Some States

Late last Thursday night, a federal judge in North Dakota issued a decision that kept the Environmental Protection Agency’s Waters of the United States (WOTUS) regulation from taking effect in 13 states. While opponents of the rule argued the judge’s decision should have stopped the regulation from moving forward in all states, the EPA argued the ruling only affected Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming. 

The EPA has requested several legal challenges to the WOTUS rule, including suits supported by MSCI, be moved from the U.S. Court of Appeals for the Sixth Circuit to the U.S. District Court for the District of Columbia. That request will be heard in October. 

Stay tuned to Connecting the Dots for more information about this regulation as litigation moves forward. Click here to learn more about the impact of this rule and click here to learn more about MSCI-supported lawsuits.