Our recent victory in NAM v. U.S. Department of Defense marked an important moment in our Waters of the United States (WOTUS) litigation. As we explain here, this was a unanimous Supreme Court decision vindicating the position we had taken from the beginning—that our lawsuit challenging the Obama Administration’s 2015 WOTUS Rule belonged in the Northern District of Oklahoma.
But, what comes next?
Well, NFIB will continue to press our legal case against the WOTUS Rule unless and until it is either struck-down by a court, or otherwise rescinded. But the good news is that there is great reason to think that WOTUS will never see the light of day. For one, on January 31, 2018, the Administration announced it would delay implementation of the WOTUS Rule until at least January 31, 2020. Meanwhile, EPA and Army Corps are working to invalidate WOTUS permanently.
Stay tuned for further updates on our WOTUS lawsuit and our work in defending other deregulatory measures.