Weekly Focus

Biden EPA WOTUS Rule Draws Few Suits As Justices Weigh CWA’s Scope

February 23, 2023
The Biden EPA’s rule defining which “waters of the United States” (WOTUS) are subject to the Clean Water Act (CWA) is so far facing five legal challenges in three separate district courts from Republican-led states and industry groups, a number that is significantly fewer than the Obama version of the rule faced. But legal experts say such a relatively small number is not surprising given a 2018 Supreme Court ruling that requires such suits to be filed in district courts...

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