Judges Query Mootness Of 401 Rule Suit In Light Of Pending EPA Revision

November 15, 2022
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit is questioning whether it can assert jurisdiction over litigation regarding EPA’s Trump-era Clean Water Act (CWA) section 401 rule given that the Biden administration is expected to finalize a replacement version next spring, potentially mooting the case. The panelists -- Judges Michelle Friedland, Richard Tallman and Susan Graber -- raised the issue several times during Nov. 15 oral arguments in American Rivers, et al. v. American Petroleum...

Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting.