Groups Seize On 'Waters' Rule To Expand Pending Jurisdiction Legal Fights

Parties in litigation over how the Clean Water Act (CWA) applies to certain types of waters are already pointing to EPA and the Army Corps of Engineers' recently released final rule aimed at clarifying the scope of CWA jurisdiction to seek reversal of a district court ruling, and some say the final rule is likely to further expand the interpretation of at least one recent appellate court ruling. For example, in Jones Creek Investors, et al. v. Columbia County, GA...