Before the merits of the lawsuits brought against the Environmental Protection Agency (EPA) over its controversial Waters of the United States (WOTUS) rule can be heard, the issue of what court has jurisdiction needed to be resolved. The 6th US Circuit Court of Appeals asserted jurisdiction to hear suits brought against the EPA by the NSSGA, states and other industry groups, according to a decision that the court made this week.
The NSSGA and others would have preferred the case be heard first in the district courts, because when the case ultimately reaches the US Supreme Court, they may decide that the district court was the more appropriate venue. However, the circuit issued the nationwide stay and that is a positive sign for a favourable outcome.
There have also been attempts to block the rule by Congress, with a WOTUS rider preventing the implementation of the rule included in the fiscal 2017 House Energy and Water Appropriations bull, and was also proposed as an amendment to the Senate counterpart. That amendment failed to reach the necessary 60-vote threshold necessary to pass.
Adapted from press release by Rebecca Bowden
Read the article online at: https://www.worldcement.com/the-americas/25042016/wotus-court-jurisdiction-decided-964/