Industry Attorneys Expect Narrow Victory In CWA ‘Jurisdiction’ Order Suit

April 11, 2016
Industry attorneys expect a win in a pending Supreme Court case in which property owners are trying to win judicial review of regulators’ findings that waters are jurisdictional under the Clean Water Act (CWA), but some expect a narrow ruling that is unlikely to affect advisory findings by other agencies on non-environmental issues. The high court heard argument March 30 in Army Corps of Engineers v. Hawkes Co ., with liberal and conservative justices alike appearing sympathetic to claims that...


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