Quote-Unquote: WOTUS, East Palestine waste -- and more

March 22, 2023
What they’re saying. Court blocks WOTUS implementation in two states, questions federal authority : “The court finds a substantial likelihood that the 2023 [Waters of the United States] rule exceeds the agencies’ statutory authority under the [Clean Water] Act. . . . The agencies’ interpretation of the act to include all interstate waters irrespective of any limiting principle raises serious federalism questions; accordingly, the court will prefer any ‘otherwise acceptable construction’ not ‘plainly contrary’ to Congress’s intent. . . ...


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