By Todd Neeley
DTN Staff Reporter
OMAHA (DTN) — The Texas attorney general is pressing a federal court in Galveston, Texas, to issue a national injunction on the 2015 waters of the United States, or WOTUS, rule after a court in Ohio denied a similar motion in recent weeks.
After a long series of court actions in the past couple of years, a split remains between states still under jurisdiction of the 2015 rule and those that are not.
At present, the rule is on hold in 28 states and in effect in 22.
In the meantime, the EPA continues a public comment period on a proposed new rule.
The states of Ohio and Tennessee had asked the U.S. District Court for the Southern District of Ohio for a national injunction on the 2015 rule. At the end of March, that court denied the request.
“Accordingly, the court finds that such relief is not warranted as the states have failed to carry their burden in demonstrating that they will suffer irreparable harm absent a preliminary injunction,” the Ohio court ruled.