The WOTUS Rule After Sackett
On August 29, 2023, EPA and the Corps of Engineers released a prepublication version of their response to the Supreme Court Opinion in Sackett v. United States, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”). The final rule and its preamble are very short.
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The United States is in the midst of a “constitutional moment,” a
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