10th Circuit Questions Role Of High Court Ruling, Harm In WOTUS Appeal

摘要

A three-judge panel of the U.S. Court of Appeals for the 10th Circuit questioned attorneys Nov. 18 about the role of a major Supreme Court ruling in shaping federal regulations on the scope of the Clean Water Act (CWA) and the potential harm to Colorado from a Trump administration CWA rule as they weighed whether to reverse a stay of the rule. Judges Carolyn McHugh, Bobby Baldock and Allison Eid pressed Colorado Solicitor General Eric Olson on the state's interpretation of the Supreme Court's fractured 2006 CWA decision in Rapanos v. United States and whether the Trump administration's waters of the United States (WOTUS) rule would cause the state irreparable harm.