Water Rule Injunction Adds Confusion to Biden's Protection Plan
Anna Wildeman, counsel in Troutman Pepper's Environment + Natural Resources Practice Group, was quoted in the April 13, 2023 Bloomberg Law article, " Water Rule Injunction Adds Confusion to Biden's Protection Plan."
The tide seems to be clearly turning against the Biden rule, but the legal chaos is almost certain to continue, said Anna Wildeman, counsel at Troutman Pepper Hamilton Sanders LLP in Washington, who helped write then President Donald Trump's attempt at an updated water rule as a deputy assistant EPA administrator.
"While these initial rulings are problematic for the Biden administration, they are by no means the end of the story for the 2023 rule," she said. "There is still a lot of runway for appeals, merits decisions, and likely more appeals."
A ruling in a pending Supreme Court case, Sackett v. EPA, stands to undermine the legal framework for both current WOTUS regulations, she said. The ruling is expected before the end of the high court's term.
"In the water space right now, the only thing that's certain is the uncertainty," Wildeman said.