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Today, the Biden administration made final its revised definition of “navigable waters” or “Waters of the United States.” This, despite a comment letter filed earlier this year by Pacific Legal Foundation (PLF) clients urging the administration to wait for the Supreme Court’s ruling in Sackett v. EPA. Sackett, argued by PLF on October 3, aims […]

Albuquerque, New Mexico; October 22, 2019: A lawsuit filed today on behalf of the New Mexico Cattle Growers’ Association challenges the Trump Administration’s decision to rely on old, unconstitutional rules in the wake of the 2015 Waters of the United States rule’s repeal. Last month, the Environmental Protection Agency announced the repeal of the controversial 2015 Waters of the United […]

Last year, following President Trump's executive order directing EPA to rewrite its disastrous 2015 regulation which magically redefined millions of acres of dry land across the nation as federally protected navigable waterways, PLF offered EPA some advice, not only on how to rewrite the rule to make it conform to the limits of the Clean Water Act, ...

One of the most contentious federal regulations published in recent decades is the ill-fated and  ill-legitimate "waters of the United States" or "WOTUS" rule that was issued by the Corps and EPA over the objections of Corps experts who argued the EPA misrepresented the science and misapplied the law.  The political, scientific, and legal divide ...

We reported here that the Administration had proposed withdrawing the 2015 WOTUS rule as directed by Executive Order. And, that EPA would soon be issuing a new rule defining "waters of the United States" under the Clean Water Act. According to a recent statement by the Office of Information and Regulatory Affairs, the EPA will issue a Notice of Pro ...