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ARTICLE · 01 JULY 2021

Yes, Let's "legislatively Define" WOTUS!

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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Lara Beaven of Inside EPA is reporting this morning that US Senators Braun, Ernst, and Grassley have filed legislation that would end the longest running controversy in environmental law by ...

United StatesEnvironment

Lara Beaven of Inside EPA  is reporting this morning that US Senators Braun, Ernst, and Grassley have filed legislation that would end the longest running controversy in environmental law by providing a statutory definition of Waters of the United States in the Federal Clean Water Act.

I'm quite sure that these three Senators and I don't agree on much.  But we do entirely agree that confusion reigns following 30 years of regulatory ping pong over this definition, most recently between the Obama Administration EPA and Trump Administration proposals, punctuated by countless court cases including three or four trips to the Supreme Court, all of which have resolved very little.

So, what harm could possibly come from a serious Congressional inquiry into what we've learned about water quality over the past fifty years, and how it might be protected.  That inquiry should include a deep dive into 21st Century challenges, including our rapidly warming planet, plastics and

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