The Waters of the United States rule is back in the courts. The Biden Administration finalized its WOTUS rule in September after the Supreme Court ruled against the Environmental Protection Agency. Twenty-four states have filed an amended complaint at the federal court in Fargo, claiming the amended rule violates the Clean Water Act. The states also allege the EPA removed the significant nexus text in making wetland determinations without a public comment period. Two other states filed a separate complaint in the U.S. District Court for the Southern District of Texas. These states want the WOTUS rule vacated and sent back to the EPA.
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