Divided High Court Revives Trump-Era CWA 401 Rule Ahead Of Review

Over EPA’s objections, a divided Supreme Court has reinstated the agency’s Trump-era Clean Water Act (CWA) rule that narrowed states’ ability to block energy and other projects due to water quality concerns, granting an emergency request from GOP state attorneys general and energy industry groups seeking to stay a lower court’s vacatur of the rule. The court’s April 6 decision in Louisiana, et al. v. American Rivers, et al. to grant the stay, split the justices 5-4, with the...