The Department of Justice (DOJ) is urging the U.S. Court of Appeals for the 8th Circuit to reverse its ruling that allowed pre-enforcement judicial review of EPA and other agencies' determinations that waterbodies are jurisdictional under the Clean Water Act (CWA), a decision that created a split with other appellate courts' rulings. If the court grants the request and undoes its March 23 decision then it could eliminate the split and moot a pending industry request for the Supreme Court to take up the issue of when CWA orders are reviewable by courts. Other courts have said that they cannot review the findings prior to them being used in enforcement actions.
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