EPA's New Water Rule to Face Major Challenges in Court

Legal Alert

The EPA’s new rule which was unveiled on January 23 to replace the Obama administration’s Waters of the United States rule is expected to face major challenges in court as the Trump rule contains very little scientific justification for the change.  The rule redefines which bodies of water are covered by federal antipollution laws, and is far narrower than the Obama administration’s version.  The new policy excludes isolated wetlands and ephemeral streams that only flow after heavy rainfall.  The 2015 Waters of the United States rule came with volumes of scientific justification, and the Trump administration will have to demonstrate to a judge why the science that backed the Obama administration’s much broader definition of a water body is wrong. Legal challenges are expected to be filed as soon as the new rule is published in the federal register which is expected any day.

For more information, please contact Phillip Hoover or Andy Thompson.

Related Professionals

Related Capabilities

Media Contact

Public Relations Contact
Kate Lenders
Senior Marketing Manager
klenders@sgrlaw.com
312-360-6478

Jump to Page

Smith, Gambrell & Russell, LLP Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek