March 21, 2023
Judge Blocks WOTUS Rule Based on NMHC-Supported Lawsuit, Congressional Overturn Attempt Moves to Senate
On March 19, a federal judge blocked implementation of the WOTUS Rule in Texas and Idaho based on legal action initiated by NMHC and a coalition of other industry stakeholders.
What This Means: The Court based the decision on numerous factors namely that specific “aspects of the 2023 Rule make the plaintiffs particularly likely to succeed on the merits” and that “there is little public interest or efficiency gained” from enforcing a rule that could be significantly impacted by the upcoming Supreme Court ruling in Sackett. Similar efforts to temporarily suspend the rule are pending in lawsuits that could impact 25 other states.
In addition, earlier this month, the U.S. House passed a resolution under the Congressional Review Act (CRA) disapproving the WOTUS Rule in a bipartisan vote. The resolution is now awaiting Senate action, and if enacted, would block implementation of the rule. However, a veto is expected should the measure reach the President’s desk.