6th Circuit's Decision To Hear CWA Rule Suit Spurs Fresh Legal Confusion

February 22, 2016
The U.S. Court of Appeals for the 6th Circuit's divided decision to hear consolidated suits over EPA's Clean Water Act (CWA) jurisdiction rule creates fresh legal confusion, as it fails to resolve whether the myriad federal district court cases over the rule will continue and the majority's reasoning could be vulnerable to a rehearing request. Judge David McKeague in a lead opinion in Murray Energy Corp., v. EPA , et al. , issued Feb. 22 found that “recognition of...


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