8 months ago

WOTUS update

By M. Reed Hopper Senior Attorney

In our last update on the status of our challenge to the controversial Army Corps and EPA rule redefining “waters of the United States,” we informed you that the U.S. Supreme Court had granted review to consider the proper venue for the challenge and that the court would hear the case in April and issue a decision by June. However, the court has rescheduled oral argument to sometime in the upcoming October Term. This means we may not see a decision until next year. The court did not say why it rescheduled the case. But, with the appointment of a new Attorney General and pending Solicitor General and Supreme Court Justice, it is no surprise. Other cases have been rescheduled as well. As of today, opening briefs are still due on February 27.

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Waters of the United States

It’s now up to the U.S. Supreme Court to decide if the EPA can stretch federal control to nearly every pond, ditch, and puddle in the nation. On October 11, justices heard arguments in National Association of Manufacturers v. Department of Defense, a consolidated case which included an extensive array of our clients. We challenged the EPA’s 2015 proposed rule as being nothing more than an outrageous – and illegal – power grab under cover of the Clean Water Act.

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