Three Judges of the Sixth Circuit Court of Appeals have joined Judges in North Dakota and Texas in concluding that EPA’s most recent attempt to establish the jurisdictional reach of the Clean Water Act is unlikely to survive judicial review. Now Kentucky joins the 26 other States in which EPA’s attempt at a “durable” rule is on hold pending further judicial proceedings.
The most important of those further judicial proceedings is in our nation’s highest court. Any day now the Supreme Court will issue its opinion, or opinions, in Sackett v. EPA . In doing so the Supreme Court could […]
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