Why Colo. Stay Of Trump's Water Rule Is Noteworthy

Law360 (July 2, 2020, 6:02 PM EDT) -- On June 19, Judge William Martinez of the U.S. District Court for the District of Colorado entered an administrative stay of the recently issued Clean Water Act rule that reduces the ambit of waters within the jurisdictional reach of the federal government. The impact of the stay is that it preserves the status quo in Colorado for the time being, and it previews the potential invalidation of the rule — at least in Colorado.

At issue was the Trump administration's new Navigable Waters Protection Rule, effective June 22, which codified U.S. Supreme Court Justice Antonin Scalia's 2006 four-justice plurality opinion in Rapanos v. United States:...

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