GOP States, Free-Market Group Urge EPA To Further Narrow WOTUS’ Scope

Inside EPA cited CEI on the EPA

The Competitive Enterprise Institute (CEI) echoed those calls in its comments, noting that the agencies’ proposal solicits comment on an alternative approach to the proposed rule, whereby WOTUS would encompass solely traditional navigable waters, tributaries that directly flow into these waters, and wetlands with a continuous surface water connection to such waters, as informed by Thomas’s concurrence.“To respond to this alternative approach, the answer is yes, these are the only regulable waters and wetlands that should be included. This framework is not just supported by the Justice Thomas concurrence but follows from Sackett and the plurality opinion in” Rapanos v. United States, CEI added.

Read more at Inside EPA