EPA Faces Legal, Scientific Barriers To Using Scalia CWA Jurisdiction Test

EPA faces significant legal and scientific barriers to its plan for using the late Supreme Court Justice Antonin Scalia's narrow test for determining Clean Water Act (CWA) jurisdiction in a new rulemaking on the law's reach, say observers who argue the test is based on flawed assumptions and lacks strong support in federal courts. The claims underscore the difficulty the Trump administration faces in its accelerated push to repeal and replace the Obama-era CWA jurisdiction rule that relied on Justice...