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‘Little Point’ to Restarting Trump Water Case, Judge Says (1)

July 28, 2022, 3:31 PMUpdated: July 28, 2022, 8:51 PM

Democratic-led states, tribes, and conservation groups will not see a Trump-era water rule declared invalid before the Ninth Circuit decides the issue or the EPA issues a new rule, a federal judge in California ruled.

The plaintiffs wanted the US District Court for the Northern District of California to resume their lawsuit over the Clean Water Act Section 401 Certification Rule issued in 2020 that they said unlawfully restricted states’ and tribes’ ability to reject water polluting projects.

But Judge William Alsup questioned the point of moving forward when the Environmental Protection Agency said it would “eviscerate” the rule anyway. ...