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Supreme Court agrees to hear WOTUS petition

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World Cement,

On 13 January, the US Supreme Court has agreed to hear the NSSGA-coalition petition regarding the proper venue for the multi-industry case against the EPA’s WOTUS rule.

“This is not a hearing on the merits of the rule, but whether the case should be heard first in the district court or the appeals court,” explained Emily Coyner, NSSGA director of environmental services. It is expected that the hearing will be in April with a decision in June.

NSSGA and the other industry litigation partners would prefer litigation against the rule to be heard in the district courts, where there is more opportunity to elaborate on the harmful effects of the rule.

The Obama administration also filed its parting defence of the WOTUS rule on 13 January, with a 250-page brief files in the 6th US circuit Court of Appeals. Any new rule from the Trump administration would need to address points in that brief to be legally protected. It is expected that the Trump administration will ask for a ‘hold’ on litigation against the rule so that it can be reworked.

“NSSGA looks forward to working with the Trump administration and Congress to put a stop to the WOTUS rule. Whether it is on the Hill or through our actions in the courts, NSSGA is doing everything possible to work with the incoming administration to not only stop the WOTUS rule, but ensure that the EPA considers industry concerns in other rulemakings.”

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EPA news NSSGA news