ELR Citation: 52 ELR 20037
No(s). 2:15-cv-2467 (S.D. Ohio Mar 23, 2022) (Sargus, J.)

A district court dismissed as moot a challenge to EPA's and the Army Corps of Engineers' 2015 Clean Water Rule interpreting the phrase "waters of the United States." Ohio and Tennessee argued the 2015 rule improperly expanded the definition of "waters of the United States," giving the agencies the power to regulate more waters than permitted by Congress, the U.S. Supreme Court, and the Tenth Amendment, and sought to enjoin its enforcement. The agencies moved to dismiss for mootness, arguing the 2015 rule was repealed by a 2019 rule, superseded by a 2020 rule, and will be superseded again by a 2021 proposed rule. The court found that enforcement of the 2015 rule was not reasonably expected to recur, and thus dismissed the suit for mootness.