It has been a busy few weeks in the world of Waters of the United States. I appreciate the feedback I've received on my blogs on the Biden Administration's proposed Water of the United States rule and the Sacketts' appeal of their litigation loss in the Ninth Circuit that could lead to the Supreme Court taking another swing at the Waters of the United States definitional plate before EPA and the Corps finish their turn.
Law 360 was kind enough to give me an opportunity to synthesize what I've been writing and hearing over the past few weeks. More here.
In these polarized times it is quite possible there is no meaningful regulatory compromise to be made. But there is no way this proposal will be acceptable to those who opposed the Obama administration's definition and, if it ever gets that far, it faces stiff headwinds in the U.S. Supreme Court.
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