Breaking News: Supreme Court Rebukes Trump on Clean Water Rule

One of those Obama-era regulations that President Trump promised to ease is the Clean Water Rule, currently tied up in federal appeals court. The Department of Justice had asked the Supreme Court to discontinue the litigation.

1 minute read

April 3, 2017, 1:00 PM PDT

By Irvin Dawid


Protecting the Environment

Highways Agency / Flickr

The Clean Water, or Waters of the U.S. (WOTUS) Rule, which protects streams and wetlands (see full description by U.S. Environmental Protection Agency), has been on hold since October 9, 2015. The U.S. Court of Appeals for the Sixth Circuit stayed the rule after 13 states, including Scott Pruitt on behalf of Oklahoma, sued the EPA (also recapped here).

An executive order issued by President Trump on February 28 directed the EPA to review the rule and the attorney general to dismiss the case while the rule was being reviewed.

"In light of the Executive Order and the notice issued by EPA and the Army ... it would be wasteful for the parties ... to brief the jurisdictional issue at this time," said the Department of Justice motion (pdf) to the U.S. Supreme Court filed March 6, reported Amanda Reilly for E&E News on March 9.

The ruling came Monday — a rejection of that motion, but the Clean Water Rule "remains stayed nationwide," reports Reilly on April 3. The ruling is a temporary victory for "[s]tate supporters of the rule, trade groups and environmental organizations [who] had urged justices to continue hearing the case," adds Reilly.

Correspondent's note: Also see Timothy Cama's piece in The Hill (no subscription needed) on the ruling.

Monday, April 3, 2017 in E&E News [Subscription]

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 28, 2026 - Zachary Whalen

A car drives through a puddle, making a large splash. Rain pours down.

California plans to bury El Niño’s downpour

If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.

October 28, 2026 - Grist

A pencil rendering of Foundry Park, which shows skyscrapers and public green spaces.

Chicago breaks ground on $3 billion megadevelopment

The new neighborhood, titled Foundry Park, will one day host 3,700 residences.

October 23, 2026 - Chicago Sun Times

A swamp in South Carolina with tall pale trees and Spanish moss in the water.

Satanic place names

From streams and lakes to valleys and canyons, I mapped more than 1,000 places named after the Devil.

October 31 - The Daily Yonder

A rendering of a high speed rain station in California, with wide platforms and a sleep train with yellow highlights.

California High-Speed Rail Authority CEO resigns after $600,000 scandal

Under Ian Choudri, the authority used taxpayer dollars to fund first class flights and trips to nightclubs.

October 30 - Cal Matters

 A bridge stretches across the Missouri River at Chamberlain, South Dakota.

Want to study the Missouri River? Soon, you may need unanimous approval from 10 states

Legislation would require 10 governors’ permission to study or build projects moving water outside the basin.

October 30 - South Dakota Searchlight