Industry Cites CWA 'Jurisdiction' Order To Support Pebble Mine Challenge

Mining industry representatives are arguing that a novel federal appellate ruling allowing pre-enforcement review of agencies' Clean Water Act (CWA) "jurisdiction" determinations should boost preemptive lawsuits over other EPA actions, including the agency's proposed veto of the planned Pebble Mine that the sector is challenging. But the Department of Justice (DOJ) on EPA's behalf counters in a recent letter to the U.S. Court of Appeals for the 9th Circuit in the Pebble Mine litigation that the CWA jurisdiction ruling by...