GOP States Renew WOTUS Arguments Amid ‘Indistinguishability’ Doubts

Republican states are renewing prior arguments that EPA and the Army Corps of Engineers’ “waters of the United States” (WOTUS) definition omits the requirement that adjacent wetlands be “indistinguishable” from traditionally navigable waters after a judge ruled that the agencies “faithfully” applied the Supreme Court’s Sackett ruling. A coalition of 24 Republican states filed a June 25 combined reply in support of its motion for summary judgment and brief in opposition to defendants’ motion for summary judgment to the...