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Let the Litigation Begin

The Water Keeper Alliance, acting on behalf of several environmental groups, today issued a press release that it has filed a 60-day notice to challenge the new WOTUS rule under the ESA. This appears to be the first of what will surely be multiple challenges to the rule. I have heard rumors that a group of states as well as at least three other environmental groups have complaints in the works. PLF is also in the wings with a possible suit to challenge the rule from the right. I'm glad I'm not a DOJ attorney right now. Below is a link to the notice.


https://waterkeeper.org/wp-content/uploads/2020/02/2-12-2020-Notice-of-Intent-on-Replacement-Rule.pdf

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Sackett 9th Circuit Oral Argument

Remember Sackett? Yes, that Sackett. Well, it's still alive after all these years, at least until the the 9th Cir. rules. [Full disclosure, I worked on the Sackett case while at EPA.] Quick summary.

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