Water Rule Foes Say EPA, Corps Can't Hide Behind Privilege

Law360, New York (August 1, 2016, 2:32 PM EDT) -- The states, industry groups and environmentalists involved in the legal tug-of-war over the U.S. Environmental Protection Agency’s Clean Water Rule told the Sixth Circuit on Friday that the EPA and Army Corps of Engineers are inventing legal reasons to keep documents out of the record for the court to review.

The rule’s challengers asked the circuit court to disregard the agencies’ opposition to their motions to supplement the administrative record with documents they say should be included in the analysis of whether the rule is legally sound. The controversial regulation, published in June 2015, spelled out the federal jurisdiction under the...

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