Ignored Facts, Distorted Law, and Today's WOTUS Injunction

Earlier today, a federal district court judge in North Dakota enjoined implementation of the new Clean Water Rule (also known as the Waters of the United States rule). And if ever there was a judicial opinion begging for prompt reversal, this is it. EPA and the Army Corps of Engineers put years of effort into that rule, and drew upon an extraordinary number of studies to arrive at their position. The court pretended - among other errors - that all that effort and evidentiary support simply did not exist.