Kennedy Retirement Increases Odds Of High Court Backing EPA Rollbacks

Justice Anthony Kennedy's decision to retire from the Supreme Court gives President Donald Trump the chance to nominate a replacement who could secure a strong 5-4 conservative majority of justices, increasing the odds that the court will uphold Trump's roll-back of Obama EPA regulations and new policies that weaken agency rules. In particular, Kennedy's retirement could have a major impact on expected litigation over EPA's pending rule to replace the Obama-era Clean Water Act (CWA) jurisdiction policy, which was based...