Swamp Stomp
Volume 17, Issue 3
On Friday January 13, 2017, the Supreme Court announced that it will decide the proper channel to challenge the Obama administration’s new Waters of the United States” or WOTUS. The Pacific Legal Foundation (PLF) believes that WOTUS “…threatens millions of property owners with unjustified federal oversight by vastly expanding the reach of the Clean Water Act in violation of federal law.”
Justices granted an industry petition asking the court to reconsider the 6th U17.S. Circuit Court of Appeals’ decision to hear legal challenges over Waters of the United States rule.
“More than 30 states and many industry and farm groups have challenged the joint U.S. EPA and Army Corps of Engineers rule redefining what waterways and wetlands receive automatic protection under the Clean Water Act” (Reilly).
The Supreme Court accepted the case of National Association of Manufacturers v. U.S. Department of Defense. In the Sixth U.S. Circuit Court of Appeals, they ruled using a restrictive approach to judicial relief, which allows only federal courts of appeals to hear WOTUS challenges. This means that angry landowners and others regulated by WOTUS cannot take legal action through federal trial courts, instead, their lawsuits would all go to the first appellate court to consider a challenge.
“In February, the Ohio based 6th Circuit ruled 21 that it had jurisdiction to hear the challenges. The 6th Circuit also issued a nationwide stay of the rule pending the resolution of the litigation” (Reilly).
This jurisdictional ruling was appealed to the Supreme Court by the National Association of Manufacturers. They were later joined by the Pacific Legal Foundation, who joined as a direct litigant, on behalf of a number of landowners, farmers, and ranchers throughout the country. The outcome of the Supreme Court’s ruling is very important because it could affect how and where plaintiffs may challenge questionable rulemaking under the Clean Water Act in future cases, and perhaps other laws as well.
The agreement by the Supreme Court to hear this case and review the Sixth Circuit’s ruling is not what the Obama administration was hoping to hear. The administration has been fighting to keep the fights out of district courts that they feel may be more sympathetic towards those challenging the rule.
The fate of the Clean Water Act is even more up in the air due to the fact that it is expected that President-elect Donald Trump will work to get rid of the act once in office.
Not only is the Pacific Legal Foundation a part of this Supreme Court case, they are also challenging the WOTUS rule in the Sixth Circuit.
“The Supreme Court’s announcement is encouraging news for millions of landowners nationwide who have been uncertain where to file suits challenging federal regulations that define the scope of the Clean Water Act,” said PLF Principal Attorney M. Reed Hopper, who wrote PLF’s brief asking the court to hear the case. “The Sixth Circuit read the Clean Water Act far too narrowly when it limited jurisdiction over WOTUS challenges to federal appellate courts. We expect the Supreme Court to overturn the Sixth Circuit decision.”
To learn more about this case and the Pacific Legal Foundation visit www.pacificlegal.org.
Sources: “PLF Applauds High Court Accepting WOTUS Jurisdictional Case.” Pacific Legal Foundation. Pacific Legal Foundation, 13 Jan. 2017. Web. 13 Jan. 2017.
Reilly, Amanda. “Justices Take up WOTUS Jurisdiction Dispute.” Greenwire. Greenwire, 13 Jan. 2017. Web. 13 Jan. 2017.
“The administration has been fighting to keep the fights out of district courts that they feel may be more sympathetic towards those challenging the rule.”
And, I would add, more capable of making an appropriate decision because they (district courts) have (or are more likely to have) a better understanding of the situation than the federal court. The administrations goal to keep these cases out of district courts sounds a lot like federal over reach to me.