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EPA Official Says CWA Jurisdiction Uncertainty Might Deter Enforcement

June 12, 2018
A senior EPA enforcement official says legal and regulatory uncertainty surrounding the Obama-era Clean Water Act (CWA) jurisdiction rule might deter agency enforcement staff from pursuing criminal cases that involve complex jurisdiction determinations, because the agency favors straight-forward litigation and faces resource constraints. “When you're looking at an [enforcement] lead, if there is an iota of a jurisdiction issue there,” agency staff would have to call in additional experts to proceed, something they would rather avoid, Jessica Taylor, director of...

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