EPA Administrator Michael Regan's pledge to craft a new "middle ground" policy defining "waters of the United States" (WOTUS) is facing significant doubts as supporters of the Trump-era definition threaten legal action over Biden administration overhaul plans while environmentalists slam the officials over the pace of any changes. "The question up to now has not been whether the Biden Administration would do something to redefine Waters of the United States but what would they do? Now, the question becomes, 'Can they write a definition that will last beyond their time in office?'" Kevin Minoli, formerly a senior official in EPA's Office of General Counsel and now a partner at Alston & Bird, said in a statement. His comments come in response to EPA's June 9 announcement, together with the Army Corps of Engineers, that officials would craft a new WOTUS rule under the Clean Water Act (CWA). But the announcement has been met with stinging criticisms from both sides. Environmental groups charged that the Biden administration was not moving quickly enough to repeal the Trump-era WOTUS definition. Meanwhile, supporters of the Trump-era WOTUS definition strongly criticized the Biden administration's announcement, raising concerns that officials have plotted a new path without listening to agriculture groups, and hinting at possible legal action.
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