There were two very important developments in the Clean Water Act (CWA or Act) case law in October—one high profile, the other less so. The Sixth Circuit issued a nationwide stay of the new U.S. Environmental Protection Agency (EPA)/Army Corps of Engineers (Corps) Clean Water Rule that was set to redefine what a water of the United States is for the first time in several decades. And a district court in West Virginia decided to one up the Supreme Court’s decision in Sackett v. EPA, 132 S. Ct. 1367 (2012).
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