May 5, 2020

05 May 2020

Seventeen States Challenge U.S. EPA’s Navigable Waters Protection Rule

On May 1, 2020, 17 states sued the U.S. Environmental Protection Agency (EPA) over the agency’s January 23, 2020, navigable waters protection rule (NWP rule). Filed in the U.S. District Court for the Northern District of California, the lawsuit seeks to vacate the NWP rule as contrary to the Clean Water Act (CWA) and arbitrary and capricious. The states’ lawsuit follows other challenges to the NWP rule filed by livestock producers on the right and by environmental groups on the left.