ELR Citation: 53 ELR 20057
No(s). 3:23-cv-00007-GFVT (E.D. Ky. Mar 31, 2023) (Tatenhove, J.)

A district court denied for lack of jurisdiction the Commonwealth of Kentucky's and business groups' motions to preliminarily enjoin EPA's and the Army Corps of Engineers' 2023 rule revising the definition of "waters of the United States" under the CWA. The court found that plaintiffs failed to show how they would be harmed by a rule that is not yet being enforced, and thus that it lacked jurisdiction to resolve the dispute. It denied both motions and dismissed the suit for lack of jurisdiction.