EPA, Corps release WOTUS rule amendments, offer no opportunity for public comments

The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released amendments today to their January “Waters of the United States” (WOTUS) rule.  The agencies are amending the rule in light of the Supreme Court’s decision in Sackett v. EPA.  The agencies will not accept any public comment on their amendments.

Director of CEI’s Center for Energy and Environment Daren Bakst said:

“The entire process has been disgraceful starting with the agencies finalizing the January rule even though they knew the Supreme Court was going to be issuing an opinion that would likely render most of its rule moot.  That’s exactly what happened.

“Now the agencies are trying to fix their flawed rule to comply with the Sackett v. EPA decision.  When the underlying rule is broken, putting lipstick on it doesn’t change the fact that it is still broken. And they are not even allowing the public to have a voice in the process to help make the rule consistent with Sackett. 

“There is still a need to review the amendments but it is clear that the process is flawed and the agencies continue to overreach when it comes to what waters are regulated under the Clean Water Act.”

More from CEI:

• Bakst: Bipartisan Majority of U.S. Senate Rejects Biden Administration Overreach on Waters of the US Rule
• Bakst: Senators Should Reject WOTUS Overreach