Clean Water Rule: Supreme Court Ruling Complicates Next Steps on WOTUS

"The text of the Clean Water Act trumped all of the government's arguments in the long-running fight over which courts have jurisdiction over the Obama administration's contentious water rule.

In its 9-0 unanimous opinion today [Monday], the Supreme Court found that while it may not be the most efficient use of judicial resources, there was no question in the law about where challenges to the Clean Water Rule belong.

"Congress has made clear that rules like the WOTUS Rule must be reviewed first in federal district courts," Justice Sonia Sotomayor wrote in the opinion.

The decision is a loss for the federal government, which had argued in court under both the Obama and Trump administrations that the Clean Water Act should be interpreted functionally, rather than literally. It also complicates the Trump administration's efforts to repeal and replace the rule."

Amanda Reilly and Ariel Wittenberg report for E&E News January 22, 2018.

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"Patchwork Water Pollution Rule Takes Effect After Supreme Court Ruling" (BNA)