Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

Challenge to WOTUS Rule Heads Back to Georgia District Court

By Fitzgerald Veira, Brooks Smith, Doug Henderson, Byron Kirkpatrick, Justin Wong & Rich Pepper on January 26, 2018
Email this postTweet this postLike this postShare this post on LinkedIn

Earlier this week, the Supreme Court ruled that federal district courts, rather than appellate courts, are the proper venue to challenge the “Waters of the United States” (“WOTUS”) Rule (discussed in a previous blog post here), an Obama-era regulation that expansively defined waters subject to Clean Water Act jurisdiction.  Following the Supreme Court decision, the Eleventh Circuit on Wednesday vacated its 2015 decision which held the opposite.  In doing so, it also remanded a challenge to the WOTUS Rule brought by a coalition of states (led by Georgia) in 2015 in the federal district court in Brunswick, Georgia.

           The case in the Southern District of Georgia involved a coalition of eleven states seeking to halt the implementation of the WOTUS Rule.  In denying the states’ motion for a preliminary injunction, the district court found that federal appellate courts were the proper venue to challenge the rule.  Once the petitioners appealed the case to the Eleventh Circuit, however, the case was temporarily suspended in order to await ongoing litigation in other circuits, which eventually resulted in the Supreme Court decision earlier this week.

The remand means that the Southern District of Georgia will now consider whether to halt the rule’s implementation.  Other federal district courts around the nation are also returning to similar challenges that were awaiting the Supreme Court’s decision.  For more information on the decision or its implications, please contact Fitzgerald Veira, Brooks Smith, Doug Henderson, Byron Kirkpatrick, Justin Wong, or Rich Pepper.

Photo of Fitzgerald Veira Fitzgerald Veira
Read more about Fitzgerald VeiraEmailFitzgerald's Linkedin Profile
Photo of Brooks Smith Brooks Smith

Nationally recognized as a leader in the law, Brooks is involved in cutting-edge environmental and natural resources proceedings in Virginia and around the U.S., including litigation, enforcement defense, project development, and compliance counseling.

Read more about Brooks SmithEmailBrooks's Linkedin Profile
Photo of Byron Kirkpatrick Byron Kirkpatrick
Read more about Byron KirkpatrickEmail
  • Posted in:
    Environmental and Climate
  • Blog:
    Environmental Law & Policy Monitor
  • Organization:
    Troutman Pepper Locke
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo