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

Inside EPA quoted Environmental Law Practice Chair Jeffrey R. Porter in an article discussing the legal challenges any EPA and Army Corps of Engineers Waters of the United States regulation could face. Jeff said of the continuing challenge to the soon to be replaced rule "[I]n the school of what’s good for the goose is good for the gander, the plaintiffs in these cases might feel compelled to have EPA’s eighth attempt to determine the reach of the [CWA] suffer the same fate as its seventh attempt even though the foundation of the more recent rule has already been undercut by the Supreme Court in Sackett."


Inside EPA