If there are legal challenges, North Dakota Senator Kevin Cramer says there is the potential for the Navigable Waters Protection Rule to be considered by the Supreme Court. “It will be important at some point for the Supreme Court to find the definition to be constitutional or legal. As long as its not legal or until Congress passed a clearer definition, we’ll always have a change from administration to administration on philosophy,” says Cramer. “If the Supreme Court makes a final decision this definition is constitutional and meets the definition of navigable water under the Clean Water Act, then it would be difficult to challenge in the future.” Cramer says portions of the rule’s text could be stronger. Other than that, he doesn’t know how the Environmental Protection Agency could have done better with the new definition.
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