The U.S. Supreme Court has dipped into a controversial 2015 regulation that sets the scope of federal regulation of waterways. On Oct. 11, it heard oral arguments on whether legal challenges to that rule, which defines federally regulated “waters of the United States” under the Clean Water Act, must be brought before federal district courts or federal appeals courts. [Read oral argument transcript here.]
Issued by the Army Corps of Engineers and the Environmental Protection Agency during the Obama administration, the regulation has been the center of a fierce dispute. Construction and other business groups contend the rule broadens federal authority too much. Environmental organizations say it provides proper protection against water pollution.