Lara Beaven, of Inside EPA, reports this afternoon that EPA has shared with the White House Office of Management and Budget what EPA management hopes will be a "durable" definition of "waters of the United States." Such a "durable" definition would end what is the longest running controversy in environmental law over the reach of the Federal Clean Water Act.
As an aside, no one is following this quixotic quest more closely than Ms. Beaven.
This means we could see an EPA regulatory proposal late this year or early next year at which time we may have a better sense whether this EPA proposal will fare any better than the two EPA definitions that preceded it.
Many of us are convinced Mr. Shakespeare's line about past being prologue answers this question.
But, since Congress still has no interest in cleaning up a mess it created almost fifty years ago, let's hope this time will be the charm.
EPA and the Army Corps of Engineers sent their draft proposal for a new definition of “waters of the United States” (WOTUS), to the White House Office of Management and Budget (OMB) for pre-publication review on Oct. 12, according to OMB’s website.