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API v. Leavitt

Date: August 11, 2011

U.S. District Court for the District of Columbia

The NFIB Legal Center has urged the U.S. District Court to invalidate an oil spill rule that EPA promulgated in 2002.  The Legal Center argues that the regulation exceeds EPA’s authority under the Clean Water Act because it conflicts with the historical meaning of navigable waters. The regulation asserts EPA authority over waters that are neither navigable nor adjacent to and inseparably bound up with navigable waters. 

Status:  DECIDED.  Amicus brief filed in support of API 12/23/04.  Court rejected EPA’s rule and remanded for additional analysis and rulemaking.

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