On Sept. 12, U.S. District Court for the Southern District of Texas Judge George Hanks, Jr. temporarily enjoined (blocked) the implementation of the 2015 Waters of the U.S. (WOTUS) rule, also called the Clean Water Rule, in Texas, Louisiana, and Mississippi.
Almost a month before, on Aug. 16, a South Carolina district court judge enjoined an earlier decision calling the Suspension Rule that had enjoined the application of WOTUS in 26 states—including Texas, Louisiana, and Mississippi—making it the law of the land in those states. The other states still operate under an enjoined WOTUS while the extensive legal discussion of its validity and the proper jurisdiction for that discussion continues.
“Were the court not to temporarily enjoin the rule now, it risks asking the states, their governmental subdivisions, and their citizens to expend valuable resources and time operationalizing a rule that may not survive judicial review,” Hanks wrote in his opinion.
“Accordingly, the court has decided to avoid the harmful effects of a truncated implementation, and enjoin the rule’s effectiveness until a permanent decision regarding the rule’s constitutionality can be made. Determining which governmental bodies have jurisdiction over our nations waters [sic] is an important task, and one that this court is unwilling to do without full discovery and briefing on the matter.”
