Citizen Suits Seek To Expand CWA Permitting As WOTUS Narrows Scope

Environmentalists are pursuing multiple citizen suits against EPA and other agencies seeking to expand the scope of Clean Water Act (CWA) permit requirements for currently unregulated sources and “discharges,” just as the Biden administration is narrowing the definition of “waters of the United States” (WOTUS) that are subject to the law’s scope. Such litigation is already driving EPA to craft a first-time general permit to govern the U.S. Forest Service’s (USFS) aerial spraying of fire retardants, while the Navy is...