By Chuck White, Vice President of Regulatory Affairs
U.S. District Judge David Norton of South Carolina ruled that the administration failed to seek public comment on the substance or the implications of delaying the Waters of The U.S Rule by two years and ordered it into effect in 26 states.
This ruling for an injunction resulted from a suit filed by environmental groups and a few states.
The states affected by this action are: California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Jersey, New Hampshire, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, Texas, Tennessee, Oregon, Vermont, Virginia, and Washington.
Subsequent to the South Carolina ruling, as described in an article by the National Association of Counties, a south Texas Federal judge blocked implementation of the Obama-era Clean Water Rule in Texas, Louisiana and Mississippi.
The Administration is considering its options to appeal this ruling with a decision expected soon.
Vice President of Regulatory Affairs , PHCC-National Association