The Final Waters of the U.S. Rule: Waters That Aren’t Always Jurisdictional by Definition, but Probably Are in Practice

Originally published by Lowell Rothschild.

Yesterday, we started our series of blog posts about the final WOTUS rule by taking advantage of the rule’s increased clarity to identify the waters that would always be considered jurisdictional. The rule’s definitions leave no doubt that certain waters will always be considered jurisdictional by EPA and the Corps. But there’s another group of […]

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