Judges Wrestle With Standing Questions In 'Navigable' Water Arguments

November 24, 2014
Appellate judges hearing industry's long-running challenge to EPA's designation of an Arizona river as a "traditionally navigable water" (TNW) subject to Clean Water Act (CWA) regulation grappled at oral arguments with whether industry has standing to bring the suit, but indicated that even if industry wins on that point, the challengers face a high bar to convince the court it has jurisdiction over the case. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit,...


Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting.