Hearing On Proposed CWA Rule Previews Legal Arguments On Final Policy

Speakers at EPA’s public hearing on its proposed Clean Water Act (CWA) jurisdiction rule gave early signals of how they plan to attack or defend the eventual final version of the rule in court, with environmentalists hinting at procedural and substantive arguments that they could raise in litigation aimed at striking down a narrow CWA test. In contrast, supporters of the rule said at the hearing that it would provide clarity on the scope of the water law and do...