Environmentalists, Democrats Wage Broad Attacks On Trump WOTUS Rule

摘要

Environmental groups and Democratic lawmakers are making diverse arguments in legal challenges attacking the Trump administration's Clean Water Act (CWA) jurisdiction rule, including that the rule is contrary to a Supreme Court ruling earlier this year and that the regulation misunderstands the CWA's cooperative federalism balance. "The Final Rule's insistence that the Act's jurisdiction extends only to upstream waters with a surface water connection to downstream navigable waters is logically inconsistent with the April 23, 2020 Supreme Court decision in [County of Maui v. Hawaii Wildlife Fund] and therefore arbitrary and capricious and not in accordance with law," Environmental Integrity Project (EIP) and four other environmental groups say in a recently filed brief supporting their motion for summary judgment in their litigation over the rule.