Venue Issue, Not Merit of Water Rule, May Get First Review
Bloomberg BNA Daily Environment Report
January 7, 2016
"Venue Issue, Not Merit of Water Rule, May Get First Review"
Environmental partner Chris Locke participated in a discussion on the Clean Water Rule. He agreed that the Supreme Court first could take up the procedural question of which court should hear challenges to the rule that clarifies which waters and wetlands receive Clean Water Act protections. According to the article, regardless of whether the high court takes up the procedural question, Mr. Locke said, “Sooner or later, it appears the Supreme Court will also need to once again address the question of the Corps and USEPA overstepping statutory and Constitutional authority in asserting Clean Water Act jurisdiction.”