ELR Citation: 53 ELR 20075
No(s). 23-5343 and 23-5345 (6th Cir. May 10, 2023)

The Sixth Circuit granted 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. A district court had denied the motions, concluding plaintiffs lacked standing because they failed to show how they would be harmed by a rule that is not yet being enforced. The appellate court found that Kentucky would likely have at least one water body within its borders subjected to federal oversight under the rule, thus harming its sovereign interests, and that at least one of the groups' members' properties would likely be subjected to federal authority, devaluing and limiting the use of such property. It granted both motions.