EPA May End CWA Enforcement Using Kennedy Test Ahead Of New Rule

EPA appears to be planning to slow or end existing Clean Water Act (CWA) enforcement cases that use Justice Anthony Kennedy's test for determining the law's reach, defying long-running agency guidance and legal precedent even before EPA writes a new CWA jurisdiction rule using a narrower test authored by the late Justice Antonin Scalia. According to an internal EPA document reviewed by Inside EPA , staff in the agency's Office of Enforcement & Compliance Assurance have been directed to quickly...