9th Circ. Ruling Hints At Bumpy Road For Water Rule Redo
Partner Brooks Smith is quoted in a Law360 story, titled, “9th Circ. Ruling Hints At Bumpy Road For Water Rule Redo.” The story covers the recent ruling on the federal government’s enforcement power under the Clean Water Act and highlights the legal obstacles the current administration may face in replacing the “waters of the U.S.” rule from the Obama administration. Smith is quoted, saying, “If the Trump EPA and Army Corps of Engineers elect to promulgate a rule that is more in line with Scalia, I think there’s a pretty good chance that rule could be upheld by the Supreme Court, either because it’s a very narrow, conservative construction of what is jurisdictional from a federal standpoint, or because of traditional deference to the agency.”