Tulsa judge rules against state in fight against WOTUS

While a Texas federal appeals court has ruled against the Environmental Protection Agency in a fight over WOTUS, a Tulsa federal judge has ruled against Oklahoma’s bid for an injunction against the expansion of powers.

The ruling by Tulsa U.S. District Judge Claire V. Eagan against Oklahoma came in a challenge filed by the state in July of 2015 against the EPA and the U.S. Army Corps of Engineers. Oklahoma challenged the expanded federal jurisdiction of the “Clean Water Rule” and requested it be declared invalid. The state’s challenge was among 22 filed nationwide.

When the cases were reopened and reinstated by the Supreme Court, Waterkeeper Alliance and Grand Riverkeeper and Tar Creekkeeper Alliance attempted to intervene as defendants in the state lawsuit.

In her recent ruling Judge Eagan said the environmental groups could become defendants and answer the lawsuit. The court ruled against Oklahoma’s bid for an injunction against the WOTUS or Waters of the U.S. rule.

“The Court has reviewed the evidence submitted by plaintiffs and finds that the potential harm from leaving in place the 2015 Rule is not so “certain and great” that it rises to the level of irreparable harm,” ruled Judge Eagan.

While Oklahoma claimed the rule infringed on the state’s sovereignty to regulate its lands and waters, the judge found otherwise, stating, “the 2015 Rule has been in effect for varying periods of time since this case was filed, and the State can identify no evidence of an aggressive expansion of federal regulation of Oklahoma waters.”

Further, she ruled, “Plaintiffs have not shown that they will suffer irreparable harm if the 2015 Rule is permitted to remain in effect while this case is pending.”

Judge Eagan ordered all parties involved to submit a joint status report no later than June 13, 2019.