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Tuesday, June 15, 2021

WOTUS Replacement Rule Remains Focal Point

EPA Administrator Michael Regan said in a statement last week that the Trump administration's rollback of various water and wetlands protections is "leading to significant environmental degradation," and that the EPA will work with the Army Corps of Engineers to create new rules protecting ecosystems and providing safe drinking water.

The announcement quickly brought accusations from Republicans that the Biden administration wants to reinstate Obama-era Waters of the U.S. (WOTUS) rule and potentially burden industries such as construction and agriculture in the process.

The Wall Street Journal editorial page reacted harshly to the revision coming from the Biden administration.

"EPA is preparing a private land grab that will limit farming, fracking, home building and economic activity… President Biden wants Congress to shovel out hundreds of billions of dollars for infrastructure, which the EPA then will tie up in a permitting morass--unless, of course, the projects advance climate or social-justice goals. Republicans shouldn't agree to any infrastructure deal that doesn't include permitting and regulatory efficiencies."

But even EPA is not ready to commit to a timeline, their latest regulatory agenda listed the WOTUS replacement timing as "to be determined."