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ARTICLE · 23 JULY 2021

At Least We Have One Clean Water Act Rule For Everyone . . . For Now.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Many of you will remember that the sixth time EPA attempted to resolve the reach of the Federal Clean Water Act by regulation, during the Obama Administration...

United StatesEnvironment
Jeffrey Porter
Jeffrey Porter
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Many of you will remember that the sixth time EPA attempted to resolve the reach of the Federal Clean Water Act by regulation, during the Obama Administration, the ensuing litigation resulted in the Obama Administration rule being Federal law in half of the states with the prior rule remaining Federal law in the other half of the states.     

Of course that flies in the face of the entire notion of Federal law. 

Following a decision by a South Carolina District Court Judge this week, it seems less likely we'll see that again, even temporarily, with respect to EPA's seventh attempt to resolve the reach of the Federal Clean Water Act by regulation during the Trump Administration.

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