EPA, Supporters Oppose Effort To Reinstate Trump-Era CWA 401 Rule

January 14, 2022
EPA, Democratic state attorneys general (AGs) and environmental groups are urging a federal appeals court to deny a request from industry groups and Republican state AGs to stay a lower court’s vacatur of the Trump-era water quality certification rule pending appeal, with environmentalists going a step further and calling on the court to dismiss the case. The parties seeking to reinstate the Trump-era Clean Water Act section 401 rule cannot show a likelihood of success on the merits and have...

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