WOTUS Rule Could Retain Wetland Limits If Court Scraps Test, Lawyer Says

January 18, 2023
An attorney for plaintiffs in the Supreme Court case testing Clean Water Act (CWA) jurisdiction over wetlands expects the high court to either scrap or harshly restrict its “significant nexus” test for identifying “waters of the United States” (WOTUS) when it rules in his clients’ case in the coming months. But Tony Francois, an attorney for the plaintiffs in Sackett v. EPA , said during a Jan. 18 American Bar Association webinar on CWA issues and litigation that the “parallel...


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