Industry Suit Aims To Expand High Court Review Of CWA 'Jurisdiction' Orders

Industry is seeking Supreme Court review of a case that could expand the high court's landmark ruling requiring pre-enforcement review of some agency actions to include determinations that waterbodies are "jurisdictional" and subject to Clean Water Act (CWA) regulation -- an effort to reverse a series of lower court rulings that rejected the argument. A ruling in the petitioners' favor in Kent Recycling Services v. U.S. Army Corps of Engineers would open jurisdictional determinations (JDs) to legal challenge under...