States' Bid To Scrap 2015 CWA Rule Echoes Kavanaugh Test For EPA Rules

Three GOP-led states are asking a federal district court to scrap the Obama-era Clean Water Act (CWA) jurisdiction rule due to a lack of “clear” authorization from Congress for the policy, a claim that echoes Supreme Court Justice Brett Kavanaugh's preferred test for reviewing major agency rules and could bolster their suit if it reaches the high court. The Oct. 18 summary judgment brief filed by Texas, Louisiana and Mississippi with the U.S. District Court for the Southern District of...