Troutman Sanders and Client Challenge EPA Rule
Troutman Sanders’ representation of Murray Energy, in its challenge of the U.S. EPA’s proposed regulatory “clarification” of the term “waters of the United States,” has garnered several media hits in September and October.
Law360 focused on the jurisdictional issues raised by this challenge under the Clean Water Act – namely, whether the challenge was proper in the District Court under the Administrative Procedure Act or whether it was proper in the Court of Appeals under a special provision of the Clean Water Act. On the same topic, Inside EPA quoted from Troutman Sanders’ Motion to Dismiss filed in the Sixth Circuit, which alleged jurisdiction to challenge the U.S. EPA regulation was proper in the District Court, not the Court of Appeals. As a precaution, the firm filed challenges in both the District Court of West Virginia and at the Sixth Circuit.
The Troutman Sanders team of Brooks Smith, Doug Henderson and Justin Wong were noted in the stories.