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EPA Urges Panel to Reject Attempts to Revive Trump Water Rule

July 7, 2022, 7:22 PM

Republican-led states and industry groups acted too soon to challenge a judge’s order tossing a Trump administration’s rule that limited the power of states and tribes to reject potentially water polluting projects, the EPA told the Ninth Circuit.

The lower court’s decision isn’t a final order that’s appealable by non-agency litigants, the Environmental Protection Agency told the US Court of Appeals for the Ninth Circuit. The order also isn’t appealable by the intervenors because it’s not an injunction, and the intervenors don’t argue to the contrary, the agency said in a brief filed Wednesday.

The Trump administration issued the Clean ...