Inside EPA quoted Environmental Law Practice Chair Jeffrey R. Porter in an article about the setbacks facing President Biden's WOTUS rule. Jeff said, "The idea here was that EPA was once and for all going to publish a durable definition of the extent of federal jurisdiction... We know that the rule wasn't that durable because it didn't even last until its effective date in all 50 states, so we know that the durable rule wasn't that durable. We don't know how fragile it is because those other judges haven't taken their swing at the plate yet, and, most importantly, the Supreme Court hasn't decided in Sackett."
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