DOJ's Criminal Case Stance May Undermine Narrow CWA Jurisdiction Rule

摘要

The Justice Department's (DOJ) call for the Supreme Court to use a pending criminal case to endorse the legal logic that has led lower courts to endorse a broad Clean Water Act (CWA) jurisdiction test could undermine EPA's bid to repeal an Obama-era CWA rule relying on that test and replace it with a narrower jurisdiction standard.