Southern Crop

Southern Crop

WOTUS Executive Order Expected

The WOTUS rule finalized by President Barack Obama’s EPA continues to be tied up in federal court. Sometime this year the U.S. Supreme Court will be considering whether the U.S. Court of Appeals for the Sixth Circuit in Cincinnati erred in ruling it has jurisdiction on a multitude of legal challenges to the rule.

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The President has issued an Executive Order directing the EPA and the Army Corps of Engineers to “… begin dismantling their  [WOTUS] rule [which was intended] to clarify the agency’s authority over various waters. That jurisdiction – based on several U.S. Supreme Court decisions – had included ‘navigable’ waters and[…]

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EPA in a newly signed Federal Register notice says prior Supreme Court rulings give agencies freedom to quickly revise or withdraw the Obama-era Clean Water Act (CWA) jurisdiction rule in favor of a less expansive policy based purely on shifting legal interpretations, despite the existing factual record justifying the current[…]

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