6th Circ. Water Ruling Ripe For En Banc Review

By Juan Carlos Rodriguez (February 22, 2016, 11:27 PM EST) -- A fractured Sixth Circuit panel on Monday retained jurisdiction over challenges to a rule redefining the federal government's authority under the Clean Water Act, but two of the three judges were profoundly skeptical of the decision, making the case a prime candidate for en banc review and possible reversal, experts said.

The 2-1 decision assures for now that the U.S. Environmental Protection Agency and Army Corps of Engineers will get their wish to avoid defending the controversial Clean Water Rule — which clarifies what constitute waters of the United States — in nearly 20 district courts, as several industry and environmental...

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