Josh Kaul
Press Release

Federal Court Grants Wisconsin’s Withdrawal from Case Challenging WOTUS Rule

“By withdrawing from this lawsuit, we’ve ended the State of Wisconsin’s involvement in an effort to weaken the protection of our water.”

By - May 3rd, 2019 10:44 am

MADISON, Wis. – Attorney General Josh Kaul today announced the U.S. District Court for the Southern District of Georgia granted the State of Wisconsin’s request to withdraw from Georgia v. Wheeler, a case challenging a federal regulation defining the scope of protections under the Clean Water Act.

“We need to make our water cleaner,” said Attorney General Kaul. “By withdrawing from this lawsuit, we’ve ended the State of Wisconsin’s involvement in an effort to weaken the protection of our water.”

The Clean Water Act generally prohibits discharges of pollutants into the waters of the United States. The term “waters of the United States” therefore defines the scope of the federal government’s jurisdiction under the Act, and the term has been subject to decades of litigation. In 2015, the U.S. Environmental Protection Agency promulgated a regulation defining the term (the “WOTUS Rule”) to more clearly define the Clean Water Act’s jurisdictional reach.

In 2015, Wisconsin was among a group of states that challenged the WOTUS Rule. The challengers claimed that the rule exceeded the federal government’s authority and sought to invalidate the rule.

On April 29, 2019, DOJ filed a motion to withdraw from that rule challenge, and on May 2, the court granted Wisconsin’s request.

The court’s order is attached.

Mentioned in This Press Release

People:

Recent Press Releases by Josh Kaul

AG Kaul Announces Testing Complete for All Kits Designated for Testing and New SAKI Grant Awarded

As of November 20, 2019, testing is complete for all kits designated for testing in the Sexual Assault Kit Initiative.

Attorney General Kaul Joins Lawsuit against EPA for Attacking Advanced Clean Car Standards

“Today’s filing is part of the multi-state effort to protect the ability of states to keep leading the fight against climate change.”

Wisconsin Collects More Than 30 Tons of Unused Medications During Drug Take Back Day; Ranks Second in Nation

Statewide 280 law enforcement agencies hosted Drug Take Back events and collected disposed drugs from 476 permanent drug disposal boxes at law enforcement agencies across the state.

One thought on “Federal Court Grants Wisconsin’s Withdrawal from Case Challenging WOTUS Rule”

  1. Thomas Martinsen says:

    Congratulations, Josh Kaul, on getting our state out of a lawsuit that could have encouraged diversion of water to the relatively water poor state of Georgia from water rich WI. Georgia uses so much water to make soft drinks that it could possibly desire Great Lakes water in the near future to support that questionably beneficial industry.

Leave a Reply

You must be an Urban Milwaukee member to leave a comment. Membership, which includes a host of perks, including an ad-free website, tickets to marquee events like Summerfest, the Wisconsin State Fair and the Florentine Opera, a better photo browser and access to members-only, behind-the-scenes tours, starts at $9/month. Learn more.

Join now and cancel anytime.

If you are an existing member, sign-in to leave a comment.

Have questions? Need to report an error? Contact Us