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

摘要

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.