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Enforcement Appeal On Use Of Kennedy CWA Test Could Boost EPA Rule

June 15, 2018
A California construction company is trying to force a new appellate decision on which of two competing Supreme Court Clean Water Act (CWA) jurisdiction tests judges should apply, just as EPA is readying a new jurisdiction rule that would use the firm's preferred narrower test and could get a major boost if courts start to back that standard. The company, HVI Cat Canyon, filed a June 14 motion with the U.S. District Court for the Central District of California seeking...

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