U.S. District Court for the District of Columbia
The NFIB Legal Foundation has urged the U.S. District Court to invalidate an oil spill rule that EPA promulgated in 2002. The Legal Foundation 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: PENDING. Amicus brief filed in support of API Dec. 23, 2004.