On March 10, 2023, Fred Wagner was featured on Environmental Professionals Radio, where he discussed the final Clean Water Act Waters of the U.S. (WOTUS) rule and the legal challenges the rule will face in court before the March 20, 2023, effective date. He also discussed important federal proposals concerning greenhouse gas reporting and disclosure requirements. With respect to the future of the WOTUS regulation, Mr. Wagner predicted:
“I think it is the metrics of the politics of it. If there are Governors and Attorney Generals who feel that there are still points to be scored in pursuit of the argument of regulatory overreach and the effective role of government, I think those cases will still be brought. But if this rule is given the time to be implemented, my sense is that time will show that the sheer quantity of serious disputes and controversies of what really is WOTUS is going to get narrower and smaller, and it's going to become livable. That's when I think people would say, okay, we're never going to get 100% agreement, but at least we get to a place where there's more certainty.”
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