Neal McAliley Quoted in Law360: “Feds Aim to Put Sackett Into Practice With New Water Rules”
Neal McAliley was quoted in a Law360 article titled “Feds Aim to Put Sackett Into Practice With New Water Rules.” The article examines the Trump administration’s proposed Waters of the United States rule, which draws largely on the U.S. Supreme Court’s 2023 decision in Sackett v. EPA to redefine the boundaries of which water bodies fall under federal jurisdiction.
“It makes significant changes to the scope of jurisdiction, but it does not completely rewrite the rules," said McAliley. “Frankly, there's a fair amount of continuity."
Opponents of the new rule argue it fails to deliver the clarity promised by the EPA and the Army Corps of Engineers under the Trump administration, specifically regarding “relatively permanent” waters and wet seasons. McAliley said the EPA and Army Corps' recognition of a wet season seems consistent with guidance that the agencies have been following since 2008. Even though the rulemaking specifies that seasonal flow must occur during an entire wet season, for instance, such a finding could be interpreted in a number of ways. "On first read, it's unclear how much of a change they're making on what tributaries are included, what's relatively permanent water," he said.
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