Document GKDx0LaXK82qZwYbMKk7v85VV
To: From: Sent: Subject:
Dravis, Samantha[dravis.samantha@epa.gov] Jonathan Wood Mon 5/22/2017 5:31:45 PM WOTUS reform
Samantha,
I don't know if you recall but we clerked together at Pacific Legal Foundation in Summer 2011. Congratulations on your new position at EPA!
I'm writing to see if you or a colleague have a few minutes to discuss what policy the
Administration will use in the interim between repealing WOTUS and finalizing a new
rule to replace it. As I'm sure you're well aware, the Rapanos Guidance that was used
prior to the WOTUS rule was nearly as bad for property owners and industry. Our hope
is that the Administration will choose an interim rule that is more reasonable and
respectful of property rights than the Rapanos Guidance. In addition to the policy
benefits, another reason to choose a different interim rule is that the Rapanos Guidance
was
. This
means that it cannot legally be given effect (until after it is submitted) and, as Heritage's
Paul Larkin has explained, any enforcement action brought pursuant to it would be
vulnerable to challenge on that basis.
You are very busy, of course. But if you or one of your colleagues has a few minutes to discuss this issue, I'd greatly appreciate it.
Best regards, Jonathan
Jonathan Wood | Pacific Legal Foundation 3033 Wilson Blvd. I Arlington, Virginia 22201 I (202) 888-6881
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17cv1906 Sierra Club v. EPA 6/22 Production
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