In a clear rebuke to the Trump administration, the Supreme Court just ruled that it will not pause a case challenging the Obama administration’s Clean Water protections.
The rule, imposed by former president Obama, asserted federal power over small waterways such as streams and wetlands to protect them from pollution. But Donald Trump opposes the rule and asked the Court to pause current litigation on the case on the basis that the current administration was planning to dismantle the executive rule, thus rendering the case moot.
The justices’ decision came on Monday with no explanation. In refusing to grant Trump’s motion to pause litigation, the Court essentially told Trump that, until the rule itself is formally revised, it is still permitted to go through the legal process. In other words, the law is not moot due to the intentions of the Trump administration to revise the rule.
Supporters of the water rule, including environmental groups and some Democratic states, want the case to stay consolidated at the 6th Circuit. They also asked the Supreme Court not to delay its case.
The agencies kicked off the reconsideration process shortly after Trump signed an executive order.
The Supreme Court has asked litigants to submit their first briefs later this month. The justices have not scheduled oral arguments, according to The Hill.