CWA Suit May Be Vehicle For High Court To Limit Deference On EPA Rules

August 17, 2017
Appellate judges say a suit they are overseeing centering on a decades-old EPA and Army Corps of Engineers rule excluding some wetlands from the Clean Water Act (CWA) could, if ultimately appealed to the Supreme Court, be a vehicle for the justices to try limiting courts' deference to regulators' interpretations of the wetlands rule. During Aug. 16 oral argument in Universal Welding and Fabrication, Inc., v. Army Corps of Engineers , judges on the U.S. Court of Appeals for the...


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