At least we have one Clean Water Act rule for everyone . . . for now.

Many of you will remember that the sixth time EPA attempted to resolve the reach of the Federal Clean Water Act by regulation, during the Obama Administration, the ensuing litigation resulted in the Obama Administration rule being Federal law in half of the states with the prior rule remaining Federal law in the other half of the states.     

Of course that flies in the face of the entire notion of Federal law. 

Following a decision by a South Carolina District Court Judge this week, it seems less likely we'll see that again, even temporarily, with respect to EPA's seventh attempt to resolve the reach of the Federal Clean Water Act by regulation during the Trump Administration.

This time EPA has asked the Courts in South Carolina and California and Massachusetts to dismiss pending challenges of the Trump Administration regulation because EPA is going to make an eighth attempt to do what the Obama and Trump Administrations failed to do.  So far the Courts are doing as EPA has asked, over the objections of those who are challenging the regulation, as reported comprehensively by Lara Beaven of Inside EPA.

So, for now, the Trump Administration Clean Water Act regulations are the law of the entire land even though the Biden Administration EPA says that they're causing significant ecological harm and will therefore ultimately be repealed and replaced.    

All of that will take some number of years and why anyone thinks those regulations won't also be challenged is beyond me.   But, at least for now, we have one rule for everyone even if it isn't what EPA says the rule should be.