SCOTUS Shadow Docket Reinstates Trump-Era Clean Water Act Rule - In a 5-4 decision, the United States Supreme Court reinstated a Trump-era environmental regulation…
Highlights
- The U.S.
- Supreme Court reinstated a Trump-era environmental regulation related to the States’ enforcement rights under the federal Clean Water Act (CWA) The regulation, adopted in 2020 to replace a nearly fifty-year-old rule, narrowed the criteria for state and tribal authority to veto industry projects that could impact their waters.
- Twenty states and numerous environmental groups challenged the regulation as at odds with federal law.
- The Supreme Court’s decision was submitted through what some call the “shadow docket” Justice Elena Kagan argued that the applicants had not given sufficient evidence they would suffer irreparable harm.
- Chief Justice John Roberts and Justices Stephen Breyer and Sonia Sotomayor joined the dissent.