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]

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