DOJ Maintaining Obama CWA Enforcement Policy Despite Trump's Order

摘要

EPA and the Department of Justice (DOJ) are pushing forward with several Clean Water Act (CWA) enforcement cases initiated by the Obama administration that rely on a broad view of the water law's reach, potentially undercutting President Donald Trump's order to EPA to craft a rule that would significantly narrow the CWA's scope. DOJ under Attorney General Jeff Sessions has filed a series of briefs urging courts to uphold the department's past, expansive rulings on CWA jurisdiction based on a test from Supreme Court Justice Anthony Kennedy for determining the law's reach. DOJ has issued the briefs even though Tramp administration officials have signaled they plan to justify their forthcoming CWA rale by arguing that those decisions are incorrect.