WASHINGTON EXAMINER: Waters Advocacy Coalition seeks revision to Biden WOTUS rule

A group of 45 industry leaders asked the Biden administration to revise its updated 2023 WOTUS rule text more closely with the Supreme Court’s decision in Sackett v. EPA, arguing in a new letter that the rule was issued without proper input from Congress and from regulators, and is inconsistent with SCOTUS precedent.

The groups, led by the Waters Advocacy Coalition, said that, “to be durable and defensible, any definition of WOTUS must not significantly impinge of the States’ traditional and primary authority over land and water use. A definition that pushes the outer limits of the Agencies’ CWA authority and fails to give adequate weight to the Section 101(b) policy would be legally vulnerable and would undermine the Agencies’ stated goal of establishing a durable rule.”

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