EPA Sidesteps Merits Argument In First-Time Defense Of Obama CWA Rule

摘要

EPA is refusing to take sides in court on the merits of its 2015 Clean Water Act (CWA) jurisdiction rule, urging a federal judge to put challenges to the regulation on hold as it weighs a repeal but adding that if the suit does continue it will defend only the procedure the Obama administration used to craft its signature clean water policy."The Agencies have proposed the repeal of the 2015 Rule and are actively reconsidering many of the substantive questions raised by Plaintiffs," the Department of Justice (DOJ) said in a July 16 filing with the U.S. District Court for the District of North Dakota, making the case for litigation over the jurisdiction rule to either halt entirely or focus on procedural issues.