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Aug 18, 2016
The 11th Circuit Court of Appeals has denied states' latest bid to have their challenges to the Waters of the U.S. (WOTUS) rule heard by district courts, where they think they'd find more receptive audiences, according to reports in Politico.
This means that the 6th Circuit Court of Appeals, based in Cincinnati, will hear the cases challenging the EPA’s Clean Water Rule, generally known as WOTUS. States had urged the 11th Circuit to take the appeal, arguing that the issue does not qualify under a provision of the Clean Water Act that allows certain challenges to leapfrog district courts and head straight to appellate court. The 6th Circuit, where appellate court challenges have been consolidated, has ruled that the issue belongs with it.
"It would be a colossal waste of judicial resources for both this Court and the Sixth Circuit to undertake to decide the same issues about the same rule presented by the same parties," the panel wrote.
Last fall, the 6th Circuit Court of Appeals placed a preliminary injunction on implementation and enforcement of the WOTUS Rule in all 50 states so it has not taken effect. Oral arguments in the case before the 6th Circuit have been set for spring of 2017.
