Fox Says EPA Will Use ‘Good Cause’ Authority To Speed WOTUS Rulemaking

July 17, 2023
EPA water chief Radhika Fox told a July 13 House hearing that the agency’s revised definition of “waters of the United States” (WOTUS) accounting for the Supreme Court’s landmark Sackett v. EPA decision will invoke statutory authority to bypass notice-and-comment procedures for “good cause,” as Republicans pressed her to quickly complete the rule. “So, what EPA and [the Army Corps of Engineers] are doing as it relates to [WOTUS] is something called a good-cause final rule. . . ...

Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting.