Environmentalists Eye Procedural, Not Substantive, Suits To Kill CWA Rule

February 14, 2019
Environmentalists might pursue procedural challenges to EPA’s proposed narrower Clean Water Act (CWA) jurisdiction policy that allege Administrative Procedure Act (APA) violations and other non-substantive issues, believing such attacks might win favor from conservative judges who could otherwise vote to uphold the rule on its merits. “My expectation is that at the end of the day, that's where we're going to focus our attention. This rule is so deficient from a public-process perspective that we could potentially defeat it before...

Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting.