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Protection of wetlands and small streams is a major focus of the Clean Water Rule. The Clean Water Rule is a 2015 regulation published by the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) to clarify water resource management in the United States under a provision of the Clean Water Act of 1972. [1]
The Waters of the United States Regulatory Overreach Protection Act of 2014 is a bill that would prohibit the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) from implementing or enforcing certain proposed regulations regarding the use of the nation’s waters and wetlands.
Congress then passed a joint resolution under the Congressional Review Act overturning the WOTUS rule, [84] but President Barack Obama vetoed the measure. [85] On February 28, 2017, President Donald Trump signed documents directing EPA and USACE to review and rewrite the Obama administration's "Clean Water Rule," which would clarify the WOTUS ...
Idaho AG Raul Labrador argues his critics were wrong when they chided him for joining the Texas lawsuit challenging the WOTUS rule
EPA did so by invoking Marks; under Marks, a split decision's binding legal rule is found in the opinion taken by the concurring justices on the narrowest grounds, which has been interpreted as meaning the opinion that is the "logical subset" of the other opinions in the case. [40]
The Audubon Society has expressed concerns about a repeal of the Rule: "the Trump administration's intent is clear: to reverse Obama-era environmental protections no matter what, even if they have been effective at protecting avian and human life." [225] On September 12, 2019, the Trump administration repealed the Clean Water Rule. [17] [226]
Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), also known as Sackett II (to distinguish it from the 2012 case), was a United States Supreme Court case in which the court held that only wetlands and permanent bodies of water with a "continuous surface connection" to "traditional interstate navigable waters" are covered by the Clean Water Act.
The Court held that the use of the Corps of Engineers of the long-controversial "migratory bird rule," adopted by the Corps and Environmental Protection Agency (EPA) to interpret the reach of its Section 404 authority over discharges into "isolated waters" (including isolated wetlands), exceeded the authority that was granted by that section.