Half of the United States have now thrown everything but the kitchen sink at EPA’s and the Corps of Engineers’ WOTUS rule. What happens next?

When EPA and the Corps of Engineers published their tenth attempt to determine the reach of the Federal Clean Water Act, I said the only question remaining was how many of the States and NGOs who challenged EPA’s and the Corps’ ninth attempt would also challenge the tenth attempt on the ground that EPA and the Corps have still gone farther than the United States Supreme Court allowed in Sackett v. EPA earlier this year .

We now have the answer to that question. On November 13, twenty-six of our nominally United States amended their complaints filed in Texas […]

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