Written by M. Sean High
On October
13, 2015, a United States Judicial Panel issued a ruling denying the Obama
Administration’s attempt to consolidate the multiple pending Waters of the
United States (WOTUS) actions into one centralized action in the District of
Columbia. The Judicial Panel Ruling follows
the federal government’s recent WOTUS legal setback, issued October 9, 2015,
where the Sixth Circuit court denied the nationwide application of WOTUS.
As a result
of the Judicial Panel ruling, the federal government will need to continue
litigating the nine separate WOTUS challenges in seven different federal courts
(Northern District of Georgia, Southern District of Georgia, District of
Minnesota, District of North Dakota, Southern District of Ohio, Northern District
of Oklahoma, and Southern District of Texas).
In denying
the federal government’s attempt at consolidation, the Judicial Panel stated
that “centralization will not serve the conveniences of the parties and
witnesses or further the just and efficient conduct of this litigation.”
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