Federal Judge Rules that Kentucky Challenge to WOTUS Rule Lacks Standing and Ripeness

The U.S. District Court for the Eastern District of Kentucky denied the state’s request to block the Biden administration’s new regulation redefining federally regulated “waters of the United States” from taking effect within Kentucky. Kentucky Attorney General Daniel Cameron argued that the Environmental Protection Agency’s final rule will unnecessarily burden farmers and landowners, but U.S. District Court Judge Gregory F. Van Tatenhove ruled that Kentucky and a group of construction and other business organizations lacked legal standing to bring the case, finding that the claims are not ripe and that “the claimed financial and sovereignty injuries are too speculative to constitute injuries in fact.”