A National Association of Manufacturers-led coalition has petitioned the U.S. Supreme Court to decide whether an appeals court or a district court is the right venue to hear challenges to the Waters of the U.S. (WOTUS)/Clean Water Rule.
The question before the Supreme Court is whether the Court of Appeals for the Sixth Circuit erred in holding itself as the court to hear 28 challenges to the WOTUS rule “even though the rule does not ‘issu[e] or den[y] any permit’ but instead defines the waters that fall within Clean Water Act jurisdiction.”
That is because 33 U.S.C. S1369(b)(1)(F) applies to very specific Clean Water Act activities, including approvals and denials of effluent limits and discharge permits. “This Court’s review is urgently required to determine where jurisdiction lies for the WOTUS Rule challenges, resolve the circuit split on Section 1369(b)’s meaning, and guide the federal courts in their future application of the provision,” said the petition filed late Sept. 2.