Partner Duke McCall is featured in a Power article, commenting on the definition of “Waters of the United States” (WOTUS) in the final rule issued by the US Environmental protection Agency (EPA) and the US Department of the Army on December 30.
“I don’t know that we’re getting closer to having clarity on the issue than we were 10 years ago,” he said.
Still, Duke noted that the EPA was sending a “clear signal” that while the rule is narrower in scope than the Obama-era regulations, it’s broader than the Trump-era regulation that “eliminated the significant nexus component altogether.”
Duke flagged other concerns in the interview, including the rule’s return to the “more amorphous” significant nexus text and claimed that the US Supreme Court’s response in the ongoing Sackett v. Environmental Protection Agency case could also reshape the rule.
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