DOJ Cites EPA Rulemaking To Urge High Court Rejection Of 401 Petition

October 31, 2019
The Justice Department (DOJ) is urging the Supreme Court to reject environmentalists’ petition to reverse an appellate decision limiting states’ ability to review Clean Water Act (CWA) section 401 water quality certification requests, pointing to EPA’s ongoing rulemaking on the issue and the lack of judicial disagreement. “Even if review of the question presented were otherwise warranted, it would be premature at this time because the EPA--the agency charged with administering the Clean Water Act--is developing new regulations interpreting Section...

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