Although President Trump has signed an executive order to roll back the Waters of the United States (WOTUS) rule, the Supreme Court decided that it will continue hearing a legal challenge of the 2015 EPA rule. Justices denied a Justice Department request to halt work on the case while the administration decides whether to rewrite or rescind the rule, said E&E News.
The WOTUS rule has been under legal challenge since it was issued, and is not being enforced. When it accepted the case in January, the Supreme Court pointed to an ongoing conflict whether U.S. district courts or U.S. appeals courts have jurisdiction over the clean water rule. “This recurring jurisdictional issue has divided the circuits, wasted judicial and party resources and delayed the resolution of important rule challenges,” said the court. It said it would decide whether the federal appeals court in Cincinnati erred in taking charge of the case.
WOTUS defined the upstream reach of the Clean Water Act. Farm groups were in the forefront in contending it was so broad it would regulate dry ditches in farm fields. The EPA says the rules would be the same as in the Reagan era.
The National Association of Manufacturers brought the WOTUS case to the Supreme Court because it says district courts are the proper venue. “The choice of court affects the resources needed to litigate the merits of challenges, sets the statute of limitations for filing lawsuits, and helps determine whether actions can be challenged in subsequent civil or criminal proceedings,” said E&E.