Maybe the 8th time will be the charm (for EPA to determine the reach of the Clean Water Act)

EPA Administrator Michael Regan certainly hit the nail on the head in his characterization of past EPA efforts to define "Waters of the United States" and thereby define the reach of the Clean Water Act.  And I think he is also absolutely correct that there is more common ground when it comes to what should be the reach of the Clean Water Act than one might think from the game of regulatory ping pong between recent Administrations.

Inside EPA reports that yesterday Administrator Regan told a Congressional Committee that the Biden Administration prefers neither the Obama Administration Waters of the United States rule nor the Trump Administration rule, the sixth and seventh EPA attempts to resolve what is the longest running controversy in environmental law.  This had to surprise Environmental NGOs and the Regulated Community, not to mention the White House National Climate Advisor who was responsible for the Obama Administration's rule when she held Mr. Regan's position.  

One has to wish Administrator Regan and EPA success in the eighth EPA attempt to define "Waters of the United States.  For now, the Trump Administration rule remains the rule, except for where it isn't, and uncertainty and litigation are rampant.  One also has to wonder whether Congress isn't a better place for negotiating the "will of the people".