Government,
Environmental & Energy,
9th U.S. Circuit Court of Appeals
Feb. 22, 2023
9th Circuit reverses order that vacated states' rights water rule
“Because Congress set forth in the [Administrative Procedure Act] a detailed process for repealing rules, the panel held that it could not endorse a judicial practice that would help agencies circumvent that process,” wrote Circuit Judge Michelle T. Friedland for the panel.
A Trump-era rule limiting states’ powers to regulate industrial discharges into rivers was restored on Tuesday after a federal appeals court ruled that a district judge granting the EPA’s request for a voluntary remand of a Clean Water Act rule did not have the authority to vacate it without due process.
At the heart of the matter is the 1972 Clean Water Act, which gave states and Native American tribes the ability to review federally licen...
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