WOTUS Suffers another Legal Setback

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.” 

U.S Court of Appeals for the Sixth Circuit Grants Motion to Stay Against the Clean Water Rule

Written by Chloe Marie

On October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit granted a motion to stay the nationwide enforcement of the Clean Water Rule adopted by the U.S. Army Corps of Engineers and the Environmental Protection Administration. The application of the Clean Water Rule will remain suspended pending further review by the court.

On July 29, 2015, the Judicial Panel on Multidistrict Litigation issued an order consolidating the petitions for review of the Clean Water Rule filed by eighteen states within the U.S. Court of Appeals for the Sixth Circuit. The states challenged the validity of the rule alleging that expanding the scope of “Waters of the United States” subject to federal control would unlawfully supersede state laws vesting jurisdiction over state land and water resources beyond the limits established under the Clean Water Act.

The eighteen states involved in this litigation are Ohio, Michigan, Tennessee, Oklahoma, Texas, Louisiana, Mississippi, Georgia, West Virginia, Alabama, Florida, Indiana, Kansas, Kentucky, North Carolina, South Carolina, Utah and Wisconsin.

Further information on this case is available at docket no. 15-3799.

In August 2015, another group of states led by North Dakota filed a motion for preliminary injunction before the U.S. District Court for the District of North Dakota seeking an order enjoining the EPA from implementing the Clean Water Rule. This motion was granted in the same month.

Further information on this case is available at docket no. 3:15-cv-00059.