Pratik Shah Quoted in Law360 on Challenge to Clean Water Act Ruling
Akin Gump Supreme Court and appellate practice co-head Pratik Shah is quoted by Law360 in the article “High Court Snub Gives CWA Exemption Challengers A Leg Up.”
The article reports that the Supreme Court denied petitions seeking a reversal of an 11th Circuit ruling that said judicial review of a controversial water transfer exemption under the Clean Water Act (CWA) must begin at the District Court level. One of those challenging the ruling was the EPA, which Shah says now faces “greater uncertainty” in this area. He adds that the “EPA might have to defend the rule for a greater period of time against a greater number of challenges in different courts.”
Shah says the Court’s refusal to hear the case also increases the legal risks for some municipalities, water systems and private entities, as they could now be “subject to citizen suits in a number of jurisdictions.” Shah, a former assistant to the solicitor general, co-authored the government’s petition to the Court.
To read the full article, please click here.