Beveridge & Diamond PC
W. Parker Moore
November 21, 2014
It was inevitable I suppose. In a town where every policy discussion reaffirms the lampooning it receives in HBO’s “Veep,” it was only a matter of time until the EPA/Army Corps’ proposed rule on the scope of jurisdiction under the Clean Water Act earned an insider Washington acronym. After all, “WOTUS” is much cooler than saying “waters of the United States.” Plus it’s a real time-saver – imperative when referring to a rule eight years in the making.
As everyone knows by now, the massive WOTUS proposal grew out of the remarkably timid and confusing Rapanos ruling by the Supreme Court of the United States, “SCOTUS.” There, the Justices split 4-1-4 when presented with a straightforward question: “Are remote, non-navigable waters and wetlands subject to federal jurisdiction under the Clean Water Act?”