Last week, the United States Supreme Court agreed to decide whether the Sixth Circuit Court of Appeals is the proper venue for challenges to the “Clean Water Rule.” As previously detailed on this blog, the Clean Water Rule was promulgated by the Environmental Protection Agency and the Army Corps of Engineers to clarify and expand the reach of the Clean Water Act which is controlled by the phrase “waters of the United States.” At least 30 states and multiple industry groups challenged the rule in federal courts across the country. In February 2016, the Sixth Circuit ruled that it, not the federal district courts, has jurisdiction to decide challenges to the rule. That appeals court ruling led to the consolidation of more than 100 challenges in the Sixth Circuit.
The United States Supreme Court will now decide whether the Sixth Circuit erred when it held that it had jurisdiction to review challenges to the Clean Water Rule. Note, the Supreme Court will not decide the merits or validity of the rule at this time. A decision in this case is expected by July of this year.