Murray Energy Corp. v. United States Department of Defense

ELR Citation: 46 ELR 20159
No(s). 15-3751 et al (6th Cir. Oct 4, 2016)

The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical analysis may be included in the record. Petitioners argued that the litigation record omits several materials that were...