Illinois Fertilizer & Chemical Association
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States Continue to Battle WOTUS Implementation

States battling against the implementation of the Waters of the U.S. rulemaking by the U.S. Environmental Protection Administration and the Army Corp of Engineers haven’t given up efforts to block the rules’ implementation even though some judges have refused to provide injunctions to implementation.
 
One effort by 11 states, mainly in the south, have appealed to the Eleventh U.S. Circuit Court of Appeals in Atlanta.
 
Also, 18 states are requesting the Sixth U.S. Circuit Court of Appeals in Cincinnati, where some appeals have been consolidated, to put a nationwide hold on implementation of the WOTUS rule/regulations. An argument is that implementation in some states and not others is harmful to the farmers and businesses where WOTUS regulations have to be adopted, should the rule eventually be rescinded.
 
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