WOTUS Cases on Hold, U.S. Supreme Court to Review Venue Issues

DTN writer Todd Neeley reported yesterday that, “The U.S. Court of Appeals for the Sixth Circuit in Cincinnati has put the legal fight on the waters of the United States, or WOTUS, rule on hold pending a review by the U.S. Supreme Court, according to an order handed down Wednesday.

“The U.S. Supreme Court last week granted a request to hear a legal challenge by the National Association of Manufacturers and other plaintiffs as to whether the appeals court is the proper venue for a number of lawsuits filed against the rule. That appeals court ruling had led to more than 100 cases being consolidated in the Sixth Circuit. Although the high court granted the petition, the case does not get to the merits of the rule itself.

“On Monday, the plaintiffs asked the appeals court to put the cases on hold, especially in light of the Trump administration’s recent actions on federal regulations. Earlier this week, the administration issued a regulations freeze.”

Mr. Neeley noted that, “Farm groups have been closely monitoring the legal challenges to the controversial rule change to the Clean Water Act, which the groups see as a major expansion of EPA authority. At least 30 states and multiple industries have sued in cases across the country.

The Sixth Circuit has placed the rule on hold nationally. A number of lawsuits were filed in district courts across the country.”


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