Jurisdiction Over Water Rules Divides Attorneys

Bloomberg BNA Daily Environment Report
November 12, 2015
"Jurisdiction Over Water Rules Divides Attorneys"

Environmental senior partner Chris Locke comments on a rule intended to clarify which waters and wetlands are subject to Clean Water Act requirements. In the article, Mr. Locke said he doesn't think the Clean Water Act needs to be changed. Moreover, he told Bloomberg BNA that there is no ambiguity in the statute. He said it is the rule, not the underlying law, that is causing confusion. "The Clean Water Act says you can only go directly to the Court of Appeal for review of agency action approving or promulgating any effluent limitation or other limitation under certain sections of the Clean Water Act.  It is a stretch to say that the WOTUS rule is a limitation in those sections and to say that is what Congress intended."  Additionally, Mr. Locke said he agrees with the farmers, the home builders, the miners and other industry challengers that review of the rule should occur in the districts courts.