On September 12, 2018 a federal district court in the Southern District of Texas granted a preliminary injunction staying the 2015 Waters of the United States (WOTUS) rule pending the resolution of the case. The injunction applies to Texas, Louisiana, and Mississippi. The judge declined to issue a nationwide injunction. As a result, the prior rule defining waters of the United States is currently in effect in these three states.
With the ruling, WOTUS is in now in effect in 23 states. A South Carolina district court judge issued a nationwide injunction against EPA’s two year delay of WOTUS, which made WOTUS effective in the 26 states, including Texas, Louisiana, and Mississippi, which were not currently covered under a district court injunction that stayed the substantive WOTUS rule.