High Court Snub Gives CWA Exemption Challengers A Leg Up

Law360, New York (October 16, 2013, 8:05 PM EDT) -- The U.S. Supreme Court's refusal to disturb a ruling that judicial review of a controversial water transfer exemption under the Clean Water Act must start in district court means it will be easier for parties to challenge similar permitting exceptions, creating regulatory uncertainty for entities that benefit from those carveouts, experts say.

The high court denied petitions filed by the U.S. Environmental Protection Agency, a Florida water management district and U.S. Sugar Corp. seeking to reverse the Eleventh Circuit's October finding that it lacked jurisdiction to...
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