EPA Joins Push To Dismiss Industry’s Appeal Of CWA 401 Rule Vacatur

EPA is joining environmentalists in asking a federal appeals court to dismiss an appeal by industry groups and several Republican-led states of a lower court’s vacatur of the Trump-era Clean Water Act (CWA) section 401 rule governing state water quality certifications, even as the appellants double down on their push to reinstate the rule. “As demonstrated below, jurisdiction is lacking because as to Intervenor-Defendants the Remand Order is not a final, appealable decision under 28 U.S.C. § 1291,” EPA says...