EPA Cites 9th Circuit CWA Ruling To Fight WOTUS Claim In Wetlands Case

EPA is citing a high-profile appellate ruling to argue that the Trump-era Clean Water Act (CWA) jurisdiction policy has no bearing on Idaho couple’s long-running challenge to a 2008 Clean Water Act (CWA) enforcement order the agency has since rescinded, noting that the appeals court found the 2020 jurisdiction rule is not retrospective. A three-judge panel of the U.S. Court of Appeals for the 9th Circuit, in a 2-1 ruling in United States v. Lucero , confirmed that the Trump...