WASHINGTON – A judge of the US District Court in the Southern District of Texas ruled that a preliminary injunction would be put in place that denies the final definition of the “Waters of the US” (WOTUS) rule proposed by the Biden administration in Idaho and Texas.

Judge Jefferey Brown explained in his opinion that the US Environmental Protection Agency (EPA) and Army Corps of Engineers should have waited for the upcoming Sackett v. EPA to be decided by the US Supreme Court.

The high court heard the argument for the case in October 2022 and a decision is expected during the first part of 2023.

Early in January 2023, the Biden administration announced the final WOTUS rule, which it said restored essential water protection that was in place before the 2015 Clean Water Act (CWA).

In the latest opinion, Brown added that the WOTUS rules would likely be contested.

“The agencies’ interpretation of the act to include all interstate waters irrespective of any limiting principle raises serious federalism questions,” Brown wrote.

In the first part of 2023, agricultural associations and dozens of states have filed lawsuits seeking to stop the rule.

In one case, the plaintiffs include the National Cattlemen’s Beef Association (NCBA), American Farm Bureau Federation, National Pork Producers Council (NPPC), and US Poultry & Egg Association, among others.

After the latest decision by Brown, the NCBA stated its disappointment that the ruling did not extend across the country.

“This latest WOTUS rule will place more burdens on family farms and ranches, drive up costs, and prevent cattle producers like me from making investments in our land,” said Todd Wilkinson, president of the NCBA.

“While we appreciate the court’s injunction of the rule in Texas and Idaho, we are strongly disappointed in the decision to keep this WOTUS rule in place in 48 states and I am proud of NCBA’s efforts to continue the fight against this rule.”

The association sought a nationwide injunction that would prevent the federal government from implementing the WOTUS rule until the Supreme Court case is decided.