WOTUS Litigation Anticipated

The proposed WOTUS changes by the Trump administration are bound for litigation.  Environmental groups are promising to challenge the rule applauded by the agriculture industry.  The proposal will be subject to a 60-day comment period before finalization. Once the Trump administration finishes the rule, it’s expected to face numerous lawsuits and seems destined for the Supreme Court.

Under the plan, federal pollution safeguards for tens of thousands of miles of streams and millions of acres of wetlands would be rolled back, and Politico reports, despite a promise that every landowner could easily know whether a waterway falls under the federal purview, water experts say they are scratching their heads about the definitions.

USA Today points out that two Supreme Court decisions in 2001 and 2006 came down on the side of landowners, ruling that ponds at the bottom of a gravel pit and a marsh miles from any lake or river were not navigable and thus not subject to the act.

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