EPA follows the first rule of holes in its eighth attempt to determine the reach of the Clean Water Act

EPA has introduced that the second half of its eighth attempt to outline the reach of the Clean Water Act will probably be delayed till November of 2023.  At the similar time EPA introduced it’ll transfer ahead with finalizing half one of that attempt this fall.  That occurs to be precisely the similar time that the Supreme Court docket will probably be listening to oral argument in Sackett v. EPA, the nation’s highest courtroom’s most up-to-date attempt to outline the reach of the Act.

After all the first rule of holes is to cease digging and kudos to EPA for at the very least partially following that rule by delaying the second half of its most up-to-date effort to resolve the longest operating controversy in environmental regulation by virtually two years to see how the Supreme Court docket impacts what is feasible.

EPA says half two of its rulemaking will probably be knowledgeable by “the experience of implementing” half one.   That “experience” will most definitely embody defending the litigation that half one will provoke.   

EPA would not point out the chance that Congress would possibly act to resolve the controversy it created a half century in the past in the meantime which can be a protected guess.

This effort may even be told by the expertise of implementing the pre-2015 rule, the 2015 Clean Water Rule, the 2020 Navigable Waters Safety Rule, and the 2022 Sackett Supreme Court docket resolution.


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