Environment & Energy Report

Trump Team May Not Have Time to Delay Water Rule

Jan. 23, 2018, 3:58 PM; Updated: Jan. 23, 2018, 9:27 PM

Delaying a rule describing the scope of the nation’s water pollution law in the next 25 days is “unlikely” as the Trump administration scrambles to withdraw the Obama-era regulation.

The U.S. Supreme Court will issue by Feb. 16 the mandate for its Jan. 22 unanimous decision directing federal district courts—rather than a single federal appeals court—to hear challenges to the currently stayed 2015 Clean Water Rule, and to dismiss all litigation pending against this regulation at the U.S. Court of Appeals for the Sixth Circuit. The rule describes those waters and wetlands that fall under the jurisdiction of...

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