ELR Citation: 53 ELR 20048
No(s). 3:23-cv-17 (S.D. Tex. Mar 19, 2023) (Brown, J.)

A district court granted Texas' and Idaho's motion 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 states sought to enjoin the rule within their borders, arguing it was unconstitutional and violated the APA. Trade groups moved to preliminarily enjoin the rule nationwide, arguing it violated the Regulatory Flexibility Act. The court found that the states, but not the groups, had carried their burden of showing a likelihood of success on the merits, that the rule posed irreparable harm, and that public interest weighed in their favor. It granted the states' motion for injunctive relief within their sovereign borders, but denied the groups' request for a nationwide injunction.