No hope here. https://www.cnbc.com/2023/04/13/a-federal-judge-has-blocked-bidens-clean-water-rule-in-24-states.html
The States have rightfully intervened because of EPA’s absurd “prairie pothole” inclusion into the broad definition of Waters of the US/wetland. This debate has been occurring for years. Filling of “ incidental” wetlands is easly accomplished by seeking coverage under established Nationwide Permits. Proposals, such was Pebbles, required an Individual Permit with associated NEPA (EIS) assessment. Pebbles applied to fill/disturb in excess of 2,000 acres of Waters of the US/wetlands including critical aquatic habitat. Not isolated prarie pothole type features.
The terms: navigable, nexus, ephemeral, isolated, habitat use and criticality, States water right laws’, Clean Water Act, Threatened and Endangered Species Act and excavating/filling (among others), need to be considered by Congress in order to clarify jurisdiction over-sight.