On June 29, 2015, Ohio Attorney General Mike DeWine filed a lawsuit against the U.S. Army Corps of Engineers and U.S. EPA over the federal agencies’ final rule defining “waters of the United States” which was published in the Federal Register on the same day. The lawsuit, filed in the United States District Court for the Southern District of Ohio, alleges that the definition of WOTUS under the agencies’ final rule is overly broad and requests that the court vacate the rule, enjoin the defendants from claiming jurisdiction under the rule, and remand the matter to allow the agencies to propose a new rule that is consistent with the Clean Water Act. Ohio is joined in the lawsuit by the State of Michigan.
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