15 days ago
Lexology
This Holland & Knight alert explains the WOTUS Rule and what can be expected from the new regulation. In contrast, the newly issued WOTUS Rule is a sweeping expansion of federal jurisdiction that will allow the federal agencies to regulate virtually any wetland or stream. The WOTUS Rule relies on the standards set forth in the U.S. Supreme Court's decision in Rapanos v. United States, 547 U.S. 715 (2006) (Rapanos). The WOTUS Rule provides the test for adjacency as well as for whether a stream is connected to a traditionally navigable water. While the administration appears unconcerned by the pending outcome in Sackett, that decision could mean that the WOTUS Rule is short-lived.
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