A federal appeals court this week ruled it will hear challenges to the Waters of the U.S. rule. On Monday, the 6th Circuit Court of Appeals in Cincinnati agreed to hear challenges to the Environmental Protection Agency’s rule by 18 states. The states say the EPA goes too far with the rule, and that WOTUS would be costly to landowners. The EPA defends the rule as a safeguard for drinking water for 117 million Americans. The rule went into effect last August but is temporarily on hold pending resolution of the jurisdictional challenge. The 6th Circuit issued the federal stay last year. A Washington Post opinion piece writes the announcement to hear challenges on the rule “would seem to indicate that things look good for those challenging the rule for exceeding the scope of the Clean Water Act.”
Challenges to the rule may also benefit from being heard in lower courts as the Supreme Court seems likely deadlocked in a 4-4 political tie for the near future following the death of Justice Antonin Scalia.
Source: NAFB News Service