Description: Challenge to the Trump administration's amendments to the Clean Water Act's definition of "waters of the United States."
California v. Wheeler
Filing Date Type File Action Taken Summary 06/19/2020 Order Download Motion for preliminary injunction or for order staying effective date denied. 05/18/2020 Motion Download Motion for a preliminary injunction or stay filed. 05/01/2020 Complaint Download Complaint filed. WOTUS Rule Challenge Raised Climate Change Concerns. A lawsuit filed by 17 states, the District of Columbia, and New York to challenge EPA’s new definition of “waters of the United States” (WOTUS) raised issues related to climate change. The complaint asserted that the final rule’s “typical year” requirement—which the rule uses to define when tributaries, lakes, ponds, and impoundments are jurisdictional waters—did not take into account future changes due to climate change to the extent that the definition of typical year was based on “a rolling average of past data.”