Signaling Suit, Critics Charge Narrowed WOTUS Rule Exceeds CWA’s Bounds

The Biden administration’s just-issued “good cause” rule narrowing the definition of “waters of the United States” (WOTUS) faces near certain litigation from critics who charge it exceeds the agencies’ statutory authority under the Clean Water Act (CWA) and fails to comply with the Supreme Court’s direction in its Sackett ruling. “This revised rule does not adequately comply with Supreme Court precedent and with the limits on regulatory jurisdiction set forth in the Clean Water Act,” the Waters Advocacy Coalition...