Legal Alerts Jan 25, 2017

WOTUS Rule on Hold in Sixth Circuit

Challenge to Waters of the U.S. Rule Delayed Pending Supreme Court Review

Today, the U.S. Sixth Circuit Court of Appeals granted a request to hold the pending challenge to EPA’s Waters of the United States rule in temporary suspension. The case will be on hold while the Supreme Court decides whether challenges to the WOTUS rule should be brought first in the federal District Courts or whether the Sixth Circuit has jurisdiction to hear the case.
The Supreme Court said on Jan. 13 it would hear the jurisdictional question. The case will be docketed for the 2017 session. As a result, the Sixth Circuit will not pick the case back up until early 2018, at the earliest — and if at all.
The change in administrations from President Barack Obama to President Donald Trump continues to raise questions about the future of the WOTUS rule. It is unclear whether the Trump administration will rescind the rule or take some other action to block implementation and/or defense of the rule.
If you have questions about this development or how it will affect your municipality or agency, please contact the attorney author of this Legal Alert listed at right in the firm’s Environmental Law & Natural Resources practice group or your BB&K attorney.
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Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

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