1/22/2018 Supreme Court rules against Trump administration on Clean Water rule | TheHill

Supreme Court rules against T

administration on Clean Water
BY MIRANDA GREEN - 01/22/18 12:08 PM EST

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Man arrested, accused In a hit to the Trump administration, the Supreme Court unanimously
of threatening to kill
ruled Monday that cases litigating the Clean Water Act should be heard by
CNN employees
federal district courts.
MEDIA — 1H 20M AGO

The administration had argued those cases should be heard in federal

Trump expected to appeals courts.
invite Macron for irst
state visit: report The Supreme Court agreed to hear the case over an Obama-era
ADMINISTRATION — 1H 49M AGO
regulation, known as the Waters of the United States rule, back in January
2017, after debate as to whether the U.S. Court of Appeals or federal
Trump signs funding district courts had the authority to hear the lawsuits from industry groups
bill, ending government and states that say the rule went too far.
shutdown
ADMINISTRATION — 1H 51M AGO
Dozens of parties had iled lawsuits over the regulation in both federal
appeals courts and district courts.
SupremeSessions
Court rulesannounces
against Trump administration on Clean
DOJ probe of missing
Water rule Industrygroups involved, led by the National Association of
FBI text messages Manufacturers (NAM), argued that under the Clean Water Act, lower
NATIONAL SECURITY district courts should irst hear the challenges, which can then be
 
— 2H 26M AGO
appealed to the Supreme Court.

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resign after Sessions
pressured him to ire
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The Trump administration, on the other hand, said the challenges were
legally within the purview of appeals courts because the rule touched on
the Environmental Protection Agency's (EPA) permitting authority.

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1/22/2018 Supreme Court rules against Trump administration on Clean Water rule | TheHill

VIEW ALL “Today’s unanimous Supreme Court decision provides much needed
clarity and a irms our longstanding position that the Clean Water Act
empowers the federal district courts, not the courts of appeals, to initially
review legal challenges to the Waters of the U.S. Rule,” NMA President and
CEO Hal Quinn said in a joint statement Monday.

“This win, coupled with the administration's actions in proposing to repeal

the rule and seek input on how to properly de ine ‘waters of the U.S.,’ puts
us one step closer to addressing this deeply problematic rule and the
confusion it has created.”
Related News by

The case, National Association of Manufacturers v. Department of

Defense, did not concern the merits of the 2015 Obama-era rule, under
which the EPA and Army Corps of Engineers asserted jurisdiction over
small waterways like ponds and streams.

NY lawmaker pushes to The regulation aimed to clarify which wetlands and streams were to be
remove Trump's name… given automatic protection under the law.

Twitter account of ex-
sheriff David Clarke…
However, the lawsuits are nearly moot. In June 2017, the EPA took the irst
formal step to uphold President Trump's campaign promise to repeal and
replace the 2015 regulation.
x
The proposal said federal o icials would go back to enforcing a guidance
document from 2008 when deciding whether a waterway is subject to
federal oversight for pollution control purposes.

TAGS DONALD TRUMP CLEAN WATER ACT WATERS OF THE U.S. RULE
SUPREME COURT OF THE UNITED STATES

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Supreme Court rules against Trump administration on Clean

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