WOTUS update

On January 13, the U.S. Supreme Court granted our request to resolve a lingering controversy over which court has the authority to hear our challenge to the Corps and EPA’s expansive rule redefining “waters of the United States.” We argue the Clean Water Act authorizes challenges to the scope of the Act in the federal district courts while the government argues such challenges must be brought in the federal courts of appeals. The lower courts are split on this question. But when the Sixth Circuit Court of Appeals decided it had exclusive jurisdiction to hear the challenge to the WOTUS rule, the Supreme Court agreed to review the decision and resolve the controversy. The High Court will issue its opinion by the end of June.

Yesterday, the Sixth Circuit Court of Appeals put a hold on all briefing in that court with respect to the merits of the challenge until the Supreme Court has ruled on the venue question.