There’s been some news lately about court actions involving the “waters of the United States” rule. That’s a rule promulgated by the Environmental Protection Agency that essentially defines what property is governed by the federal Clean Water Act. One of my firm’s natural resources law practitioners discussed it a while back in an update on the firm’s website.
Those court actions may soon be moot, however, as further discussed by another commentator. That’s because it’s been announced that the EPA is moving to change or rescind the rule. The result is likely to be a much less broad interpretation of what property is governed by the Clean Water Act. If that happens, then the court challenges to the rule will probably go away.
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