Sackett

The U.S. Environmental Protection Agency and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United States’” rule.

Last week, EPA Administrator Michael Regan defended his agency’s issuing its final WOTUS rule in December, ahead of what could be a watershed Supreme Court WOTUS ruling later this year.  Regan was pressed by Republican senators at an Environment and Public Works hearing on why EPA jumped ahead of the Supreme Court’s ruling expected by June in Sackett vs. EPA, a case many bel...

On Thursday, Idaho Senators Jim Risch and Mike Crapo as well as West Virginia's Shelley Moore Capito, Ranking Member of the Senate Environment and Public Works (EPW) Committee, joined 47 of their Senate Republican colleagues in introducing a formal challenge to the Biden administration’s WOTUS rule.  Tha...

An attorney for the American Farm Bureau Federation said a lawsuit filed by the Bureau and other farm groups against the EPA’s final ‘Waters of the U.S.’ rule is needed, on top of any favorable Supreme Court ruling.  Deputy General Counsel Travis Cushman says the latest WOTUS lawsuit is needed, not just because of a possible timing gap between the Biden EPA rule effective in March and a Supreme Co

The National Cattlemen’s Beef Association, American Farm Bureau Federation, and 16 other farm and builders’ groups are not waiting around for the Supreme Court to clarify the definition of WOTUS.  NCBA, AFBF, and others filed a lawsuit in federal court against the Biden EPA last week for its final WOTUS rule.   The NCBA’s C...

The EPA and Army Corps of Engineers published the revised WOTUS rule in the Federal Register this week.  The publication means the revised rule will go into effect on March 20th.   EPA and the Army Corps announced the rule at the end of 2022, which will replace the Navigable Waters Protection Rule from the Trump Administration.  At the ...

According to the American Farm Bureau Federation, one thing is certain for farmers regarding the latest WOTUS final rule; more uncertainty.  The rule from the EPA comes as the Supreme Court prepares to soon release a decision on a lawsuit against a previous version of the rule.  AFBF De...