No, the “waters of the United States” subject to Clean Water Act (CWA) regulation do not include things like dry land over which water occasionally flows. That’s the conclusion of a federal judge who just put on hold the Environmental Protection Agency’s latest power grab. The Clean Water Act empowers EPA and the Army Corps […]
Andrew M. Grossman
Andrew M. Grossman has written amicus briefs for the Cato Institute in several cases before the U.S. Supreme Court and the federal courts of appeals. Prior to joining Cato as an Adjunct Scholar, he was affiliated for over a decade with the Heritage Foundation, most recently serving as a Legal Fellow in Heritage’s Edwin Meese III Center for Legal and Judicial Studies. Grossman practices appellate and constitutional litigation in the Washington, D.C., office of BakerHostetler. He has written widely on law and finance, bankruptcy law, national security law, and the constitutional separation of powers and is a frequent adviser to Congress on complex legal and policy issues, particularly concerning constitutional limitations on federal power.
In a 5-4 decision yesterday, the Supreme Court struck down the Obama Administration EPA’s signature “Mercury and Air Toxic Rule,” which regulates emissions by fossil-fuel-fired power plants. Before regulating, EPA was obligated to decide whether regulation under one the Act’s most burdensome programs was “appropriate and necessary.” EPA interpreted that language to preclude it from considering the […]