Justices' Maui Test Bodes Well For Trump's Water Rule

Law360 (May 11, 2020, 4:54 PM EDT) -- April was a busy month for the Clean Water Act. On April 21, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers formally published their Navigable Waters Protection Rule, which limits the scope of the CWA by redefining "waters of the United States."

Just two days later, the U.S. Supreme Court issued its decision in County of Maui v. Hawaii Wildlife Fund, holding that the CWA applies not just to discharges directly from point sources to waters of the U.S., but also to the "functional equivalent" of direct discharges.

Prior to the high court's decision, lower courts had been...

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