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DOJ Backs Kennedy CWA Test But High Court May Make Position Obsolete

March 08, 2018
The Trump administration says a 2017 appellate ruling bolsters its use of Supreme Court Justice Anthony Kennedy's expansive Clean Water Act (CWA) jurisdiction case in a pending enforcement action, but the ruling the government is relying on could soon be rendered obsolete depending on how the high court decides a pending criminal case. The Department of Justice (DOJ) in a March 7 filing in the enforcement case United States v. HVI Cat Canyon argues that Kennedy's test for a...

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