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ARTICLE · 20 JANUARY 2026

GOP AGs Support Letting States Chart The Course On Waterways

Cozen O'Connor
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A group of 20 Republican AGs, led by West Virginia AG J.B. McCuskey, submitted a comment letter to the U.S. Environmental Protection Agency and Army Corps of Engineers supporting the agencies...

United StatesEnvironment
Cozen O'Connor
Cozen O'Connor

Source: The State AG Report

State: Multistate, West Virginia

Area of Law: Environment & Climate Change, Federal Agencies (FTC, CFPB, FCC)

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  • A group of 20 Republican AGs, led by West Virginia AG J.B. McCuskey, submitted a comment letter to the U.S. Environmental Protection Agency and Army Corps of Engineers supporting the agencies' updated definition of "waters of the United States" (WOTUS). The comment letter follows the agencies' proposed rule that narrows the scope of federally regulated waters and reverses prior expansions of federal jurisdiction.
  • In the letter, the AGs commend the agencies for revising the definition but urge them to bring the definition into alignment with Supreme Court precedent, including adopting the Sackett v. EPA standard for identifying when wetlands constitute covered waters. They also recommend removing language extending jurisdiction to temporary or

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