Supreme Court to Review Jurisdictional Question in WOTUS Litigation

Apr 11, 2017

The U.S. Supreme Court decided on April 3 to continue hearing litigation over the Obama administration's Clean Water Rule, also known as the “Waters of the United States (WOTUS)” rule.

The court rejected the Department of Justice motion to hold the briefing schedule in abeyance while the Trump administration reconsiders and changes, or rescinds, the rule (see Executive Order). The Clean Water Rule itself remains stayed nationwide.

The Supreme Court decided to hear the case in January when it granted an industry petition to review the February 2016 Sixth Circuit Court of Appeals' decision that it has jurisdiction to hear legal challenges to the rule. The Supreme Court’s review will focus solely on the procedural question of the appropriate venue to review the final rule – it will not examine or decide the merits of the underlying rule.

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