Wetlands Needn’t Be Wet, EPA Claims in Waters Rule Defense

A battle over the word “indistinguishable” and whether wetlands need to be wet to qualify for protections under the Clean Water Act continued on Friday as the EPA defended its latest waters of the US, or WOTUS, rule against a challenge by 24 states.

The states, led by West Virginia, claim the Environmental Protection Agency’s rule runs afoul of the Supreme Court’s May 2023 ruling in Sackett v. EPA and violates the Clean Water Act and Administrative Procedure Act.

The Environmental Protection Agency and the Army Corps of Engineers argued in a court filing that the US District Court for ...