High Court Wary Of Feds' Water Rule Jurisdiction Argument

Law360, Washington (October 11, 2017, 2:27 PM EDT) -- U.S. Supreme Court justices on Wednesday appeared skeptical of the federal government’s position that challenges to a rule defining its authority under the Clean Water Act belong at the appellate rather than district court level.

The 2015 Clean Water Rule defines what bodies qualify as “waters of the United States” under the Clean Water Act, the test the U.S. Environmental Protection Agency and Army Corps of Engineers use to determine whether a particular project needs a permit. The rule was challenged in both federal district and appellate courts, but before the courts could hear the merits of the case they had...

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