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Trump Water Plan Will Stumble in Lower Courts, Attorneys Predict

Dec. 13, 2018, 11:16 AM

The Trump administration’s plan to redefine the types of water bodies subject to federal Clean Water Act regulations will likely fail in the lower courts because it rejects a widely accepted Supreme Court precedent, several water attorneys told Bloomberg Environment.

As a result, the survival of the administration’s proposal narrowing the scope of what are considered waters of the U.S., or WOTUS, will rest solely on how the Supreme Court’s nine justices choose to interpret it and whether they are willing to overturn this precedent, the attorneys said.

The administration’s proposal is “so directly contrary to its own past ...