Fulfilling one of his major campaign promises, on Feb. 28, President Donald Trump issued an executive order to begin the process of reviewing, and possibly rescinding, the Environmental Protection Administration’s (EPA) and the U.S. Army Corps of Engineers (USACE) Clean Water Rule: Definition of Waters of the United States.

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The authors of "Searching for Scalia" evaluated who on President Donald Trump’s list of potential nominees to replace Justice Antonin Scalia’s seat on the U.S. Supreme Court would be most like Scalia—the originalist, the textualist, and, most important, the conservative. The winner: Supreme Court nominee Judge Neil Gorsuch! 

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We are one step closer to the U.S. Supreme Court deciding the ultimate question regarding the “waters of the United States” regulations, which is, of course: "Are they lawful?"

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President-elect Donald Trump has vowed to get rid of numerous federal regulations adopted by the Obama administration. Impossible, many say, but if there is one man who may be able to make this happen it is U.S. Supreme Court Justice Anthony Kennedy.

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Despite the fact that the new administration has a menu of options to kill final federal regulations, the most effective options are likely the most difficult to achieve.

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In United States Army Corp of Engineers v. Hawkes, the U.S. Supreme Court ruled unanimously that an approved jurisdictional determination that property contains “waters of the United States” may be immediately reviewed in court.

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If Judge Merrick Garland becomes Justice Merrick Garland how might he rule in cases affecting state and local government? 

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The issue in Hawkes v. U.S. Army Corp of Engineers is whether a court may review an Army Corp of Engineers “jurisdictional determination” that property contains “waters of the United States” per the Clean Water Act.

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In a 2-1 decision the 6th Circuit Court of Appeals ruled that it—rather than a federal district court—has jurisdiction to decide whether the Clean Water Rule, clarifying the scope of the “waters of the United States (WOTUS),” exceeds the Environmental Protection Agency’s (EPA) authority.

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NCSL’s Natural Resources and Infrastructure (NRI) Committee, one of nine standing committees at NCSL, is slated to have a lively business meeting at the Legislative Summit.

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