Amicus Brief on Navigable Waters Protection Rule
In April, the Environmental Protection Agency (EPA) and Army Corps of Engineers published the Navigable Waters Protection Rule, which considerably restricts the waters and wetlands that are federally protected under the Clean Water Act. We filed a brief in the Northern District of California focusing on the agencies’ economic analysis, which the agencies use to obscure the rule’s anticipated harms. Our brief explains how EPA and the Army Corps rely on irrational assumptions and violate regulatory precedent to misrepresent environmental costs and compliance cost-savings. The agencies especially mistreat impacts on wetlands, likely neglecting roughly 90% of the wetlands-related costs that the rollback would cause. We urged the court to grant a preliminary injunction of the rule.