EPA Defends ‘Adjacent’ Wetlands Definition As Critics Attack WOTUS Rule

EPA is defending its controversial rule amending the definition of “waters of the United States” (WOTUS) to conform with the Supreme Court’s Sackett decision from state and industry challenges, arguing in part that its challenged omission of “indistinguishability” as a jurisdictional requirement for “adjacent” wetlands misreads the high court’s decision. “ Sackett does not require the party asserting [Clean Water Act (CWA)] jurisdiction to prove that wetlands and covered waters are visually identical; indeed, as Sackett itself...