Southern Crop

Southern Crop

WOTUS Rescinded; Property Rights Saved

Both the EPA and Corps have direction from the executive order to define “navigable waters.”

 

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EPA appears to be planning to slow or end existing Clean Water Act (CWA) enforcement cases that use Justice Anthony Kennedy’s test for determining the law’s reach, defying long-running agency guidance and legal precedent even before EPA writes a new CWA jurisdiction rule using a narrower test authored by the[…]

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