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

Environmental Law Practice Chair Jeff Porter's blog post was referenced in an Inside EPA article covering the Biden administration's narrowed WOTUS rule.

Jeff wrote, "The new rule continues to extend Clean Water Act jurisdiction to tributaries, impoundments, and wetlands that have a continuous surface connection to waters that are not traditional navigable waters, the territorial seas, [or] interstate waters."

He adds, "such jurisdiction likely shares a scientific basis in the CWA, such an extension of Clean Water Act jurisdiction would share its intellectual underpinning with the Supreme Court's majority opinion in another Clean Water Act case, Hawaii Wildlife Fund v. Maui." 


Inside EPA