SCOTUS Moves Forward with WOTUS Jurisdictional Case

Filed in Codes and Regulations, Legal by on April 3, 2017 2 Comments

The Supreme Court today refused to delay a case on whether a challenge to the waters of the U.S. (WOTUS) rule should first go through district courts or be brought straight to the court of appeals.

After Trump issued his executive order on Feb. 28 directing the U.S. Environmental Protection Agency (EPA) to begin the process of rescinding or revising the controversial rule, the Justice Department asked the Supreme Court not to move forward on this case. The request was made so that the administration could decide whether to withdraw or recraft the rule to produce a workable solution that ensures environmental protection without hindering economic growth.

While the Supreme Court has decided not to suspend this case, its decision should not affect how the Trump administration moves forward with replacing the WOTUS rule. The current proceeding only impacts which court will hear the challenge to the WOTUS rule, not its legality.

The federal Sixth Circuit of Appeals issued a temporary stay of the WOTUS rule last year. If the Supreme Court rules that the case must first go through district court, then this nationwide stay would be overturned.

The next step is for the Supreme Court to set a schedule to consider hearing this jurisdictional case.

In the interim, the nationwide stay on the WOTUS rule remains in effect.

At the same time, the EPA and Army Corps of Engineers are expected to continue to review the current WOTUS rule and could have a new one finalized by the end of the year. We’ve previously outlined how this process will likely move forward to help members understand what they can expect.

For more information, contact Tom Ward at 800-368-5242 x8230 or Owen McDonough at x8662.

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Comments (2)

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  1. Joel Tucker says:

    This new rule is an example of the Federal Government gone Wild and totally out of control. The new rules are confusing and serve only to extend control & restrictions by the EPA. The people of the United States, need to be aware off how the past administration has extended it’s reach in limiting peoples rights and liberties through this type of government “Rulings”. I can not imagine, in my wildest dreams that our Government should be allowed to create such rules that will negatively affect the average home owner. I am glad that more than 30 states recognize this over reach and have filed lawsuits. I hope that other individuals, and Construction organizations such as the NAHB will continue to working with lawmakers to block regulators from moving forward.

  2. Billy Soots says:

    I live on the coast and have always had one opinion. That is “once a wetland, always a wetland”. It is not just wetlands it is part of the ecosystem!

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