States, Industry Seek To Vacate WOTUS Rule As EPA Plans Quick Revision

June 29, 2023
Industry and Republican-state plaintiffs are urging a federal district court to vacate the Biden administration’s rule defining “waters of the United States” (WOTUS), a move aimed at forcing the agencies to write a new rule from scratch to account for the Supreme Court’s ruling in Sackett even as they work to revise the rule quickly and “surgically.” Their calls, detailed in separate June 28 summary judgment motions, signal the upcoming battle EPA and the Army Corps of Engineers are...

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