Legal Challenges Ahead for New WOTUS Definition

Republican-led states are preparing to go to court to challenge the Biden administration’s new definition of waterways and wetlands that are subject to federal permitting requirements, according to reports.

The administration’s definition of waters of the U.S. (WOTUS) was published Jan. 18 in the Federal Register, triggering a 60-day deadline for lawsuits before the rule takes effect in March. See analyses by OMA Connections Partners Thompson Hine and Jones Day. 1/18/2023