DOJ Memo Seen Creating Uncertainty On EPA Enforcement, CWA Policy

Legal observers say the state of EPA enforcement on water, air, waste and other areas is unclear in the wake of the Department of Justice’s (DOJ) memo barring civil enforcement actions based on guidance documents, especially after the agency committed to using guidance for determining Clean Water Act (CWA) jurisdiction in enforcement cases. DOJ’s new limits on affirmative civil enforcement (ACE) cases are being welcomed by industry figures who see a fresh opportunity to defend against EPA’s application of “clear”...