May 01, 2017

The future of Chevron? Second Circuit water transfer decision opens door to review

Corey Brown and Michael Formica

On January 17, 2017, the Second Circuit issued its opinion in Catskill Mountains Chapter of Trout Unlimited, Inc. v. EPA, 846 F.3d 492 (2nd Cir. 2017), reinstating the U.S. Environmental Protection Agency’s (EPA’s) 2008 Water Transfer Rule (Water Transfer Rule) and also clarifying the Chevron doctrine. The case arose after environmental groups challenged the Water Transfer Rule as an impermissible interpretation of the Clean Water Act (CWA).

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