As construction industry groups await a Supreme Court ruling in a narrowly focused Clean Water Act case, they also are seeking clues as to how the justices may view a much more important matter that has not yet come before them—an expected frontal challenge to a wide-ranging U.S. Environmental Protection Agency-Army Corps of Engineers regulation governing federal jurisdiction over the “waters of the United States.”
Organizations such as the National Association of Home Builders and the American Road and Transportation Builders Association (ARTBA) and several states have filed or supported legal challenges to the broad “waters of the U.S.” rule, which, they contend, expands federal regulatory authority too much.