Courts Wrestle With Potential Impact Of ‘Repeal’ Rule On CWA Litigation

Federal courts are wrestling with the potential impact of EPA’s rule repealing the Obama-era Clean Water Act (CWA) jurisdiction policy on litigation over the 2015 standard, including whether to put the challenges on hold until the repeal takes effect or potentially vacate the existing standard in cases where it has been remanded to the agency. The questions the courts are considering stem from uncertainty over the fate of CWA jurisdiction policy, and vary in part depending on the stage of...