EPA Poised To Offer Early WOTUS Defense In Response To Injunction Push

The Biden administration is poised to offer an early defense of its rule revising the definition of “waters of the United States” (WOTUS) soon as it is slated to respond in the coming days to a number of industry and state attempts to block the rule’s implementation even before courts address its merits. EPA and the Army Corps of Engineers have already indicated, in legal and other documents released alongside the final rule, that they plan to argue that they...