Trump Admin May Be Overpromising WOTUS Clarity, Law360

Partner Duke McCall spoke with Law360 about a proposed rule from the US Environmental Protection Agency (EPA) and the Army Corps of Engineers to amend the regulatory definition of “waters of the United States” (WOTUS) under the Clean Water Act. The change would implement the current administration’s interpretation of the US Supreme Court’s landmark 2023 ruling in Sackett v. EPA.

Duke told the publication that while the changes sought by the proposed rule are not of the same import as the Sackett decision, there are areas that could bring controversy. However, he said the administration’s promise of reducing regulatory burdens is probably accurate to some degree.

“Anytime you remove waters from the scope of the Clean Water Act, you’re reducing regulatory burdens,” Duke said. “But it’s difficult for me, or I think for anyone, to assess exactly how significant that reduction will be. But that certainly appears to be, in part, the intent.”

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