Manufacturers, farmers and other industry groups plan to appeal a federal court decision that reinstated in 26 states an Obama-era rule that defined which waterways are covered by Clean Water Act regulations.

 

The U.S. District Court for the District of South Carolina on Aug. 16 invalidated the Trump administration’s attempt for a two-year nationwide delay of the rule.

 

The action means the 2015 waters of the U.S. (WOTUS) rule, or clean water rule, is in effect in more than half the country. In 24 other states the rule remains blocked by two other federal courts pending their review.

 

“The ruling is problematic because it creates a patchwork of states where the WOTUS rule applies and others where it does not,” Peter Tolsdorf, National Association of Manufacturers vice president for litigation and deputy general counsel, told Bloomberg Environment by email. “The NAM will be appealing the decision in the [U.S. Court of Appeals for the] 4th Circuit.”

 

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