In a hit to the Trump administration, the Supreme Court unanimously ruled Monday that cases litigating the Clean Water Act should be heard by federal district courts. The administration had argued that those cases should be heard in Federal Appeals Court.
The Supreme Court agreed to hear the case over an Obama-era regulation, known as the Waters of the United States rule, back in January 2017, after debate as to whether the Court of Appeals or federal district courts had the authority to hear the lawsuits from industry groups and states that say the rule went too far. Dozens of parties had filed lawsuits over the regulation in both federal appeals courts and district courts.
Industry groups involved, led by the National Association of Manufacturers (NAM), argued that under the Clean Water Act, lower district courts should first hear the challenges, which can then be appealed to the Supreme Court. The Trump administration, on the other hand, said the challenges were legally within the purview of appeals courts because the rule touched on the Environmental Protection Agency’s (EPA) permitting authority.
“Today’s unanimous Supreme Court decision provides much needed clarity and affirms our longstanding position that the […]
Full article: Supreme Court rules against Trump administration on Clean Water rule
More about changes affecting the Clean Water Act:
New rules limiting clean water protections ignore stream science
EPA’s Own Data Refutes Justification for Clean Water Act Rollback
Trump rolls back decades of Clean Water Act protections
Pruitt takes over authority for EPA water protections policy
Don’t be silent about the EPA Clean Water rollback
Watershed Planning Program (WPP) — Massachusetts
