Turn to the nation's most objective and informative daily environmental news resource to learn how the United States and key players around the world are responding to the environmental...
Nov. 8 — Opponents of a federal regulation to clarify which waters are subject to Clean Water Act requirements got the backing of 88 Republican members of Congress who filed a friend of the court brief supporting a challenge to the rule ( Murray Energy Corp. v. EPA (In re EPA and Dep’t of Def. Final Rule) , 6th Cir., No. 15-03751, briefs filed 11/8/16 ).
In an amicus brief filed in the U.S. Court of Appeals for the Sixth Circuit, the lawmakers accused the Obama administration of government overreach in issuing the Clean Water Rule, also known as the waters of the U.S. rule.
“Despite the absence of any congressional directive authorizing such regulation, the Agencies created a Rule that would allow them to federally regulate land and waters reserved to state control, raising significant federalism concerns,” the brief said.
Among those signing onto the brief are Rep. Bill Shuster (R-Pa.), chairman of the House Transportation and Infrastructure Committee, who has often criticized the rule, and Sen. James Inhofe (R-Okla.), chairman of the Senate Environment and Public Works Committee, another frequent critic of the rule.
The lawmakers’ brief supports 31 states and 57 business and municipal groups among others challenging the rule in the Sixth Circuit, which issued an opinion declaring itself the proper venue for hearing such litigation.
The states argued in their opening brief filed Nov. 1 that they have the sole authority to regulate isolated wetlands and other waters not visibly connected to navigable waterways. The final rule, they said, demonstrates that the Environmental Protection Agency and the U.S. Army Corps of Engineers have ignored Supreme Court rulings in 2001 and 2006 saying such waterways are beyond the reach of federal regulators.
In their Nov. 1 opening brief, the industry and municipal plaintiffs said the Supreme Court was clear that the word “navigable” has meaning under the Clean Water Act, “and yet the Rule asserts jurisdiction over countless isolated waters and dessicated land features that bear not the slightest resemblance to navigable waters.”
To contact the reporter on this story: Susan Bruninga in Washington at email@example.com
To contact the editor responsible for this story: Larry Pearl at firstname.lastname@example.org
The lawmakers’ brief in In re Murray Energy Corp. v. EPA (In re EPA and Dep’t of Def. Final Rule is available at http://src.bna.com/jXS.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)