DTN writer Todd Neeley reported yesterday that, “The waters of the United States, or WOTUS, rule legal battle will be allowed to play out in the U.S. Court of Appeals for the Sixth Circuit in Cincinnati. This is after the U.S. Court of Appeals for the 11th Circuit in Atlanta ordered a stay of a legal challenge in that court Monday.
“The Sixth Circuit previously ruled it had jurisdiction to hear numerous legal challenges to the rule. More than 30 states as well as many industries, including agriculture, believe the rule represents an unconstitutional expansion of U.S. Environmental Protection Agency jurisdiction.”
Mr. Neeley explained that, “The court in Atlanta held oral arguments in July in an 11-state lawsuit challenging the rule. Georgia, Kentucky, Kansas, West Virginia, South Carolina, Alabama, Wisconsin, Utah, Indiana, North Carolina and Florida asked the court to overturn the Sixth Circuit on the question of jurisdiction.
“The Sixth Circuit in Cincinnati stayed the WOTUS rule nationally in October 2015, pending its review. The Sixth Circuit already is moving forward with consolidating numerous cases into a single case, likely to play out in 2017.
“In its ruling issued Monday, the 11th Circuit in Atlanta said it had no reason to continue to hear the 11-state lawsuit.”
