EPA Plan To Ease CWA Enforcement May Face Hurdles In Circuit Courts

EPA's plan to ease or drop Clean Water Act (CWA) enforcement that used a test by Supreme Court Justice Anthony Kennedy for determining when waters are subject to the law and shift to a narrower test by the late Justice Antonin Scalia may face hurdles in some federal circuit courts that have already issued rulings upholding Kennedy's test, sources say. The legal barriers could also create uncertainty over EPA's pending effort to overhaul the Obama administration's CWA jurisdiction rule that...