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ARTICLE · 19 OCTOBER 2021

Baby Steps Toward A New WOTUS Rule

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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In What About Bob, a movie worth seeing only if you, like me, think every film including Bill Murray is worth seeing, the fictional guru Dr. Leo Marvin wrote a book called "Baby Steps."

United StatesEnvironment

In What About Bob,  a movie worth seeing only if you, like me, think every film including Bill Murray is worth seeing, the fictional guru Dr. Leo Marvin wrote a book called "Baby Steps."  The theme of "Baby Steps" is that no challenge is too great if you take "baby steps" on your path to overcoming it.

From comments by senior Biden administration officials reported yesterday, it seems as if EPA and the Army Corps of Engineers are following Dr. Marvin's advice in their perhaps quixotic attempt to arrive at a "durable" regulatory definition of "Waters of the United States" which would end the longest running controversy in environmental law.

Yesterday the Senior Director for Water at the White House Council on Environmental Quality said that the EPA/Army Corps of Engineers rule currently being reviewed by the White House Office of Management and Budget is "foundational" and "more skeletal" that the "durable" rule that might ultimately come to pass.

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