Law Backs Appeals Court Water Rule Review, Government Argues

摘要

A federal appeals court that reviews EPA-mandated water pollution permits also should have jurisdiction over the underlying regulation that defines which waters receive those protections, the government told the U.S. Supreme Court. In the July 28 brief, Justice Department attorneys told the Supreme Court it was "inconsistent" to have a federal appeals court review individual permit decisions, but leave a federal district court to rule on which waters fall under federal jurisdiction (Nat'l. Ass'n. of Mfrs. v. DOD, U.S., No. 16-299, 7/28/17).