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Brief on the Clean Water Rule’s “Applicability Date”

The Environmental Protection Agency and Army Corp of Engineers were sued for suspending implementation of the Clean Water Rule through the addition of an “applicability date” to the Clean Water Rule. Our brief to the U.S. District Court for the Southern District of New York in that case argues that the court should vacate the Suspension Rule because the agencies improperly ignored the forgone benefits of suspending the Clean Water Rule.

Contrary to the agencies’ claims, the Suspension Rule will cost the public by forgoing valuable wetland services, including water quality maintenance, flood control, and hunting and recreational activities.

Read our previous comments to EPA and Army Corp on the Clean Water Rule’s “Applicability Date.”