A federal district court judge in South Carolina recently granted summary judgment in favor of groups that argued that the EPA’s rule postponing the applicability date of the Obama administration’s Waters of the United States Rule (WOTUS Rule) violated the Administrative Procedure Act. EPA’s rule delayed the effective date of the WOTUS Rule to 2020 and reinstated a 1986 regulation governing the scope of the Clean Water Act, giving the current administration time to finalize its own “waters of the United States” definition replacement. EPA issued the rule after the Supreme Court ruled that federal district courts had jurisdiction over challenges to the WOTUS Rule. The South Carolina court’s decision orders the WOTUS Rule back in effect in 26 states. In the other 24 states, the WOTUS Rule remains stayed and requires review in cases pending in other federal courts. EPA and industry intervenors have asked the district judge to stay his order pending their appeal to the Fourth Circuit.