Democratic attorneys general (AGs) for 14 states, Washington, D.C., and New York City are challenging EPA's repeal of the Obama-era Clean Water Act (CWA) jurisdiction standard, adding to extensive litigation over the standard and raising the possibility of contradictory court rulings on how to determine which waters are subject to the law. The AGs filed their complaint Dec. 20 in the U.S. District Court for the Southern District of New York, seeking an order that would scrap the "recodification" of past regulations and guidance. In that rule's place, the AGs want to reinstate the 2015 jurisdiction standard, known as the "Clean Water Rule" to its supporters, that the Trump administration, Republicans more generally and industry groups said was unlawfully broad.
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