Tribes Tell 9th Circ. Biz Groups Can't Appeal CWA Ruling

By Morgan Conley (December 8, 2021, 9:22 PM EST) -- Six tribes urged the Ninth Circuit on Tuesday to shut down a challenge of a lower court decision vacating a Trump-era rule that narrowed the reach of the Clean Water Act, arguing industry groups can't appeal the non-final order that remanded the rule to the agencies that made it.

Industry groups including the Arizona Rock Products Association, the Arizona Cattle Feeders Association and the Arizona Farm Bureau are challenging U.S. District Judge Rosemary Márquez's August ruling that vacated Trump-era revisions to the Clean Water Act and sent the invalidated rule back to the U.S. Environmental Protection Agency and Army Corps of Engineers...

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