Federal Court in Texas Sends WOTUS Back to EPA, Corps

Good news for cattle feeders regarding the 2015 Waters of the United States (WOTUS) rule. On Tuesday, U.S. District Judge George Hanks, of the Southern District of Texas, ruled that the Obama administration failed to adequately notify the public of key working changes in its 2015 rule redefining “Waters of the United States” or WOTUS.

The summary judgement sends the rule back to the EPA and the Army Corps of Engineers on grounds that it violated the Administrative Procedure Act (APA) in making changes in the final rule that were not proposed in the preliminary rule.

Court rulings across the country have created a patchwork of WOTUS implementation, with the 2015 rule in force in 22 states but blocked in 28. This week’s ruling does not change that, but it does validate what TCFA and NCBA have said all along — that the rule is illegal and must go. 

​“For years TCFA feedyards have dealt with uncertainty regarding Obama’s 2015 WOTUS rule,” said Tom McDonald, 2015 TCFA chairman and leader on TCFA’s work to replace the 2015 rule. “We hope this decision will expedite that process. In the meantime, TCFA will still work with Congress to put an end to the 2015 rule.” 

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