Criminal Case Tees Up New 9th Circuit Decision On CWA Jurisdiction Test

A Montana man's appeal of his conviction for criminal Clean Water Act (CWA) violations could give the U.S. Court of Appeals for the 9th Circuit a chance to restate or revise its position on which of two Supreme Court tests to use to determine CWA jurisdiction, potentially complicating EPA's bid to use the narrower of the two tests in a new CWA rule. The case, USA v. Joseph Robertson , is pending in the 9th Circuit and hinges on the...