Industry Cites ‘Bright Line’ Sackett-Test Ruling In WOTUS Challenges

October 24, 2024
Industry groups challenging the Biden administration’s final “waters of the United States” (WOTUS) rule are pointing to a magistrate judge’s recent recommendation finding that the Supreme Court’s Sackett decision requires an adjacent wetland to have both a continuous surface connection and be indistinguishable to adjacent WOTUS. The recommendation from Magistrate Judge Shaniek Mills Maynard of the U.S. District Court for the Southern District of Florida is significant because it affirms critics’ arguments that EPA and the Army Corps of...


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