Reach of Federal Regulation on Wetlands, Isolated Waters Questioned by State Officials

摘要

Is it up to states or the federal government to regulate isolated wetlands and waterways that are far from navigable waters, a federal appeals court was asked Nov. 1. (In re Murray Energy Corp. v. EPA (In re EPA and Dep't of Def. Final Rule), 6th Cir., No. 15-03751, briefs filed 11/1/16). A coalition of 31 states and two New Mexico agencies posed this question in a joint brief to the U.S. Court of Appeals for the Sixth Circuit, which stayed the Clean Water Rule nationwide as it reviews nearly two dozen consolidated challenges to it.