Analysis

Scalia's Hand Guides Trump's Rollback Of Obama Water Rule

By Juan Carlos Rodriguez (March 1, 2017, 10:12 PM EST) -- President Donald Trump's executive order calling for a review of a controversial Obama-era water rule draws inspiration from one of Trump's favorite jurists, the late Justice Antonin Scalia, and lights a path for new or revised regulations that experts say could significantly scale back the federal government's Clean Water Act permitting jurisdiction.

The order directs the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to propose a new rule rescinding or revising the June 2015 Clean Water Rule, which defines federal permitting jurisdiction under the CWA — a murky topic that has frustrated project developers, agencies and courts...

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