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Stay on WOTUS Likely Holds into 2017

A federal court order shows arguments on the merits of a lawsuit against the Waters of the U.S. rule will likely be scheduled beyond February of next year. The court order from the U.S. Court of Appeals for the Sixth Circuit in Cincinnati appears to keep the stay in place blocking the rule through that time. The federal court blocked the rule when implemented last August and numerous legal challenges to the law were consolidated by the three-judge panel earlier this year. The petitioners in the case, including agriculture interest groups, states, and other industries, will be required to file briefs on the merits by September 30, 2016.

The Environmental Protection Agency and the Army Corps of Engineers are required to respond by November 30 of this year.

Source: NAFB News Service