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"The Navigable Waters Protection Rule has resulted in a 25 percentage point reduction in determinations of waters that would otherwise be afforded protection," Pinkham said.
The Biden administration was widely expected to make changes to the Trump policy, but Wednesday’s announcement represents a formal step to get there, with the Justice Department asking a court to send the rule back to the agency for new rulemaking.
In its request, which doesn't ask for the existing to be vacated, government lawyers argued that this course of action would allow them to avoid taking positions "that might appear to pre-judge issues that will be reconsidered through notice-and-comment rulemaking."