Southern Crop

Southern Crop

EPA Says Supreme Court Precedent Supports Quick Rework Of CWA Rule

EPA in a newly signed Federal Register notice says prior Supreme Court rulings give agencies freedom to quickly revise or withdraw the Obama-era Clean Water Act (CWA) jurisdiction rule in favor of a less expansive policy based purely on shifting legal interpretations, despite the existing factual record justifying the current rule.

In a Federal Register notice signed March 1 and set for publication as soon as March 2, EPA and the Army Corps of Engineers — which jointly crafted the Obama administration’s water rule — say they are acting on President Donald Trump’s Feb. 28 executive order (EO) directing them to start reworking the jurisdiction rule, and indicate that they will do so without changing the record the Obama administration built to support it.

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