Scott Faber, senior vice-president, Environmental Working Group, is quoted in the story saying, “What’s so bizarre about the fight over WOTUS is that the only sector of commerce that’s clearly exempt from the rule has kicked up the most dirt about it.”
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Regardless, WOTUS will now be up for review, and the gray area of which waters fall under the Clean Water Act will again expand.
“By rolling back WOTUS, the definition of which waters are protected under the clean water act goes back to being more broadly open to interpretation,” says Day. “This could lead to higher court costs for contested cases.”