Talking Points Hint At 'Combo' EPA-Corps Policy To Narrow CWA's Scope

Trump administration talking points on the imminent Clean Water Act (CWA) jurisdiction rule suggest EPA will pursue what an environmentalist attorney calls a “combo” of two competing Supreme Court tests for determining the law's scope, drawing on both to produce a jurisdiction standard potentially even narrower than expected. The administration's draft talking points in support of the forthcoming rule appear to generally track the late Justice Antonin Scalia's narrow test for determining the water law's reach, but with elements drawn...