A A federal judge on Monday struck down a Trump-era rule aimed at promoting economic growth by enabling the alteration of smaller bodies of water and waterways. U.S. District Judge Rosemary Márquez agreed with Indian tribes that leaving the rule in place “would risk serious environmental harm.” Márquez, an Obama nominee, vacated and remanded for reconsideration to the Environmental Protection Agency (EPA) and Army Corps of Engineers the Navigable Waters Protection Rule, which was put into place on April 21, 2020. The EPA, which was sued by tribes, had asked that the rule be remanded without vacatur, or remanded but kept in place for the time being. Businesses that intervened in the case, including the National Stone, Sand, and Gravel Association, did not oppose that position. Plaintiffs had pushed for remanding and vacating the rule. The rule was announced last year following former President Donald Trump’s executive order that the Waters of …
Judge Strikes Trump-Era Water Rule, Unsure Whether to Restore Obama-Era Measure
August 31, 2021
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