GOP States Urge EPA To Apply Scalia's Narrow Standard In New CWA Rule

摘要

A group of GOP-led states is urging EPA to apply the late Justice Antonin Scalia's narrow test for defining Clean Water Act (CWA) jurisdiction in its pending rule to replace an Obama-era jurisdiction policy that used Justice Anthony Kennedy's broader test, even though appellate courts have said that Scalia's test is not considered binding. The states, in recent letters submitted to the agency and obtained by Inside EPA, also call on EPA and the Army Corps of Engineers to defer to their authority to regulate intrastate waters in the replacement rule.