Water Permitting Uncertainty Remains as Industry Blasts EPA Rule

The EPA’s move Tuesday to redefine which waters and wetlands are federally protected under the Clean Water Act did little to clarify the confusion that has reigned since the US Supreme Court limited the administration’s authority, natural resources attorneys say.

Oil, agriculture, and development industry groups accused the Biden administration of defying the high court’s ruling in Sackett v. EPA, suggesting legal battles over federal waters jurisdictions will continue for some time. The May decision overturned the legal basis for previous definitions of waters of the US, or WOTUS.

“We just have uncertainty,” and only Congress can now offer ...