Supreme Court Urged To Hear CWA Rule Suit Despite Trump EPA Review

摘要

Environmentalists are urging the Supreme Court to reject the Trump administration's request to indefinitely stay a suit over the correct venue for challenging the Obama-era Clean Water Act (CWA) jurisdiction rule while EPA weighs revising or scrapping it, arguing a stay would effectively repeal the existing rule with no way to contest that decision. EPA and the Army Corps of Engineers have begun the process of reconsidering their joint rulemaking in response to directions in an executive order (EO) from President Donald Trump, and the agencies are almost certain to propose either withdrawing or overhauling the rule compared to the version they jointly issued under the Obama administration. As a result, the agencies want a hold on litigation testing the right venue for suits over the existing rule.