States Claim CWA Rule Violates Supreme Court, Constitutional Mandates

A coalition of 31 states challenging EPA and the Army Corps of Engineers' Clean Water Act (CWA) jurisdiction rule is claiming that the agencies' rule ignores Supreme Court precedent, usurps state water authorities, and violates Constitutional principles on states' rights, the Commerce Clause and vagueness doctrines. The sweeping criticisms of the regulation are outlined in a Nov. 1 merits brief that the states filed with the U.S. Court of Appeals for the 6th Circuit in Murray Energy, et al., v....