Enviros Say Feds Failed To Justify Clean Water Act Change

Law360 (October 16, 2020, 5:33 PM EDT) -- Environmental groups from across the U.S. are seeking a win in their challenge to a new federal rule they claim kneecaps the Clean Water Act for certain waterways, saying federal agencies have failed to provide a rational explanation for the change.

Eight groups including the Natural Resources Defense Counsel and the Conservation Law Foundation filed for summary judgment in Massachusetts federal court Thursday, arguing that the U.S. Environmental Protection Agency and Army Corps of Engineers' Navigable Waters Protection Rule is arbitrary and violates federal procedure law.

The rule removed Clean Water Act protections for some types of streams, including dry stream...

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