9th Circuit Overturns CWA Criminal Conviction But Rejects WOTUS Claims

A federal appeals court has overturned a Clean Water Act (CWA) criminal conviction after finding the trial court jury received faulty instructions, but is rejecting the defendant’s claims that the “waters of the United States” (WOTUS) definitions used in the suit are unconstitutionally vague and that a Trump-era definition should apply retroactively. “Although we reject most of his contentions, we agree that reversal and remand is nevertheless required,” U.S. Court of Appeals for the 9th Circuit Judge Patrick J. Bumatay...