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The U.S. EPA released a controversial new rule defining regulated “waters of the United States” on January 18, 2023. The Publication began the 60-day clock for critics to challenge the rule in Federal Court. The new Rule is expected to closely track the pre-publication version that was released by the PEA on December 30. Under the proposed rule, the EPA and the Corps will be directed to apply WOTUS Standards developed prior to 2015 and the controversial WOTUS definition issued by the Obama Administration. The new Rule attempts to reconcile the narrow “continuous surface connection” between “relatively permanent” waters, and… Read more
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