User login

States Claim CWA Rule Violates Supreme Court, Constitutional Mandates

November 01, 2016
A coalition of 31 states challenging EPA and the Army Corps of Engineers' Clean Water Act (CWA) jurisdiction rule is claiming that the agencies' rule ignores Supreme Court precedent, usurps state water authorities, and violates Constitutional principles on states' rights, the Commerce Clause and vagueness doctrines. The sweeping criticisms of the regulation are outlined in a Nov. 1 merits brief that the states filed with the U.S. Court of Appeals for the 6th Circuit in Murray Energy, et al., v....


Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting on EPA, the Trump administration's deregulatory agenda, and the pushback from the Democrat-controlled House.