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Biden administration’s WOTUS rule now blocked in 27 states

Kentucky is the latest state to block the enforcement of the Biden administration’s “Waters of the U.S.” rule.  The Sixth Circuit U.S. Court of Appeals out of Cincinnati issued an “administrative stay” on enforcement of the rule until May 10^th while it decides if it will issue an injunction.  If the injunction is granted, it would remain in effect while Kentucky and the other plaintiffs appeal the ruling from late March, as well as the dismissal of the case. 

Earlier this year a Kentucky judge denied the injunction request.  In the decision, a U.S. District Court Judge ruled that the Commonwealth and the other business organizations lacked legal standing to bring the case. 

The rule is now blocked in 27 states.

In a recent statement, Kentucky Attorney General Daniel Cameron said this is an important win for Kentuckians, especially farmers, who were being unnecessarily burdened by the new restrictions.  Cameron said he is working to make the ruling permanent. 

The ag industry awaits the release of the U.S. Supreme Court’s ruling in Sackett v. EPA, which is expected to provide clarity to the Waters of the U.S. rule.  The Supreme Court heard oral arguments in the case in October 2022.