The U.S. appeals court in Cincinnati claimed jurisdiction to decide the legal challenges to the EPA’s “Waters of the United States” regulation, which defines the upstream reach of clean water laws, reports DTN.
The Cincinnati court, the Sixth Circuit U.S. Court of Appeals, issued a nationwide injunction last year against implementation of WOTUS. “Many legal experts believe the rule ultimately will be decided by the U.S. Supreme Court,” says DTN.
Farm groups have been in the forefront of WOTUS opposition, saying the rule could allow the EPA to claim jurisdiction over dry ditches. The EPA says there would be no change in jurisdiction.
Attorney Paul Beard, who specializes in natural resources law, told DTN the appellate court should have let district courts hear the WOTUS challenge first. The case is now on a faster track to the Supreme Court, he said, with a greater likelihood, with the death of conservative Justice Antonin Scalia, that the rule will stand. “And in the near term, it is not clear that the votes exist on the high court to make the right decision and set aside the rule,” Beard said.