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ARTICLE · 15 OCTOBER 2021

The End Of The (Most Recent) WOTUS Beginning?

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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As an aside, no one is following this quixotic quest more closely than Ms. Beaven.

United StatesEnvironment

Lara Beaven, of Inside EPA,  reports this afternoon that EPA has shared with the White House Office of Management and Budget what EPA management hopes will be a "durable" definition of "waters of the United States."  Such a "durable" definition would end what is the longest running controversy in environmental law over the reach of the Federal Clean Water Act.   

As an aside, no one is following this quixotic quest more closely than Ms. Beaven.

This means we could see an EPA regulatory proposal late this year or early next year at which time we may have a better sense whether this EPA proposal will fare any better than the two EPA definitions that preceded it.

Many of us are convinced Mr. Shakespeare's line about past being prologue answers this question.

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