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EPA Floats Options For Revised CWA Rule Using Scalia's Jurisdiction Test

April 20, 2017
EPA water officials at an April 19 meeting with state and local officials floated options for crafting a revised Clean Water Act (CWA) jurisdiction rule using the late Justice Antonin Scalia's narrow test for jurisdiction, including whether to literally apply the test as written and the pros and cons regulators might face in using Scalia's test. A PowerPoint presentation from the meeting obtained by Inside EPA lists ways regulators might define key terms from Scalia's 2006 opinion in Rapanos...

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