CWA Settlement Could Set Standard For Pending Water Jurisdiction Cases

The Trump administration has settled a long-running Clean Water Act (CWA) enforcement case that allows the defendant to seek a new finding on whether the actions at issue in the case are subject to the law once EPA issues its new CWA jurisdiction rule, creating a potential standard for other CWA cases launched by the Obama administration. An attorney closely tracking the case, Duarte Nursery, et al., v. Army Corps of Engineers in federal district court, says even though...