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Judges Weigh Reviving Trump Water Jurisdiction Rule in Colorado

Nov. 18, 2020, 6:20 PM

Federal judges are weighing whether to revive the Trump administration’s contentious water jurisdiction rule in Colorado.

The U.S. Court of Appeals for the Tenth Circuit on Wednesday heard competing arguments from state and federal government lawyers on whether a lower court overstepped when it blocked implementation of the Navigable Waters Protection Rule within the state’s borders.

The joint Environmental Protection Agency and Army Corps of Engineers regulation lays out which types of wetlands and waterways qualify as “waters of the U.S.,” or WOTUS, subject to federal jurisdiction under the Clean Water Act. The rule, which took effect this year, replaces ...