Pending High Court Case May Upend Precedent Of Landmark CWA Ruling

摘要

A criminal case set for March oral argument at the Supreme Court could upend the interpretation of the court's landmark 4-4-1 ruling from 2006 that created competing tests for how to determine the Clean Water Act's (CWA) scope, because the criminal case raises the question of how to read a 4-4-1 ruling that sets no clear precedent.