CWA Rule Repeal Opponents Ready Legal Arguments Against Withdrawal

摘要

Environmental attorneys opposed to EPA's pending rule to repeal the Obama administration's Clean Water Act (CWA) jurisdiction policy are readying arguments for expected legal challenges to the withdrawal, including that the repeal effort's economic analysis and lack of policy depth fall short of what Supreme Court precedent requires. The agency is taking comment through Sept. 27 on the proposed repeal of the rule crafted by the Obama EPA and Army Corps of Engineers, and early comments from critics of the move are outlining a host of concerns that could be raised in a future lawsuit - including that it lacks a scientific basis. Additionally, opponents of the repeal may also use a Sept. 26 stakeholder call on a future replacement CWA rule to raise such claims.