Supreme Court Ruling a Wild Card in Second EPA Waters Rulemaking
Anna Wildeman, a partner in Troutman Pepper’s Environmental + Natural Resources Practice Group, was quoted in the January 11, 2023 Bloomberg Law article, " Supreme Court Ruling a Wild Card in Second EPA Waters Rulemaking."
Keeping the second rulemaking on the regulatory agenda "provides the agency with an opportunity to make changes on their own schedule should they need to respond to an adverse Supreme Court decision," said Anna Wildeman, counsel at Troutman Pepper Hamilton Sanders LLP in Washington.
Even if the court leaves the "significant nexus" test intact and the 2023 WOTUS rule is able to stand following the Sackett ruling, so many wetlands now fall under federal protection that it’s unclear what else a second WOTUS rulemaking could protect, Wildeman said.
Other than a few clarifying tweaks, "it's hard to imagine what more the agencies could accomplish with a second rulemaking," she said.