EPA Bid For ‘Durable’ WOTUS Rule Falters After Judge Raises Legal Doubts

March 21, 2023
Biden administration efforts to craft a “durable” definition of “waters of the United States” (WOTUS) suffered a significant setback after a federal judge in Texas, who blocked the rule’s implementation in two states before it took effect, raised significant doubts that the measure will survive legal scrutiny and that EPA will succeed in defending the measure on the merits. In his March 19 ruling in State of Texas, et al., v. EPA, et al. , Judge Jeffrey Brown of the...

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