The Supreme Court denied the Trump administration’s motion to pause the Waters of the U.S. (WOTUS) litigation in spite of Trump’s recent executive order compelling the Environmental Protection Agency (EPA) and the Army Corps of Engineers (COE) to review and revise or rescind the rule. Justices did not release details of why they decided to go ahead with the case.
The Supreme Court is expected to hear oral arguments in its fall term and could issue a decision by the end of the year. The rule is important to petroleum marketers because it defines how far federal clean water regulations extend into local land use and permitting decisions, including the construction of new gasoline stations and surface water runoff from parking and fueling areas. Many petroleum marketers with bulk storage could also be adversely affected by the revised definition.
In 2015, the Petroleum Marketers Association of America (PMAA) joined with a coalition representing a range of businesses, industries and commercial interests to voice strong opposition to the revised definition of WOTUS proposed by the EPA and COE.