Bloomberg Law
Aug. 31, 2021, 7:15 PM

Litigation, Confusion to Follow Overturning of Trump Water Rule

Bobby Magill
Bobby Magill

A federal court ruling tossing out a Trump-era rule defining waters of the United States is fueling even more uncertainty about federal wetlands jurisdiction and puts possibly hundreds of projects in legal limbo, lawyers say.

The decision in Pasqua Yaqui Tribe v. EPA is the latest twist in a decades-long tug-of-war over how to define WOTUS under the Clean Water Act, which determines how wetlands can be developed. It instantly touched off debates over how widespread it will be applied.

It could set off a cascade of lawsuits to the ruling itself, and possibly to future WOTUS definitions, said Dave ...

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