HELENA, Mont. (Legal Newsline) — Montana Attorney General Tim Fox announced Jan. 22 that he applauds the U.S. Supreme Court decision to allow current legal challenges against the Obama administration’s Waters of the U.S. (WOTUS) rule to continue.
Montana was one of 13 states that filed a lawsuit in federal court in 2015, challenging the legal authority of the WOTUS Rule, which had been recently adopted by the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers.
“[This] decision is a victory for Montana as it allows continuation of the lawsuit against the Obama administration’s unlawful Waters of the U.S. rule,” Fox said. “By moving forward with the lawsuit, the coalition of states hope to prevent any future presidential administration from violating federal law through the issuance of regulations in an attempt to circumvent Congress.”
Fox noted that President Trump issued an executive order last year that directed the EPA and Army Corps of Engineers to institute a new rulemaking process for Clean Water Act enforcement. This executive order essentially disbanded the WOTUS rule. According to Fox, however, the states challenging the WOTUS rule will continue to do so because they want to set judicial precedent for the future.