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Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) varies depending on which political party is in office. However, while the Biden administration comes in a row to propose a new WOTUS ruling, federal courts are being led by the EPA and the Army Corps of Engineers (Corps ) urged to take the NWPR into custody without vacating it in order to have time to revoke it yourself and to issue a new rule after public comment. As with the previous WOTUS rulemaking challenges, courts in different parts of the country are dealing with the same issues but arriving at different judgments, some of which are pre-trial detention without NWPR eviction, others are pre-trial detention and eviction, and others are still pending . Meanwhile, Biden’s EPA and the Corps have closed the deadline for stakeholders to comment on a new WOTUS regulation on September 3, 2021 and closed the public briefing sessions. What does this mean for those seeking a court decision? More uncertainty is guaranteed.
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