1 WOTUS Appeal Back On, 2 Others In Abeyance Pending New Post-Sackett Rule

(August 7, 2023, 8:46 AM EDT) -- One U.S. Circuit Court of Appeals has taken a states’ lawsuit challenging the 2015 waters of the United States (WOTUS) rule off abeyance status in light of the U.S. Supreme Court’s ruling in Michael Sackett, et al. v. Environmental Protection Agency, et al., but two other circuit courts and a district court have stayed appeals involving the 2023 version of the rule pending an amended rule currently in the works after Sackett....