The Swamp Stomp

Volume 15, Issue 50

On December 8, a federal appeals court judge said the Waters of the U.S. rule will go to the Supreme Court to be challenged eventually, reported KTIC Radio. How long that takes depends on a number of factors.

The U.S. Sixth Circuit Court of Appeals has to decide whether it wants to consolidate the cases so they can move to the Supreme Court directly, or it can give the lead to the individual federal district courts where the cases are playing out. The state attorney generals who initially sued in these cases would prefer the latter option, as it would allow for more scrutiny by multiple judges. The Obama administration was in favor of consolidating the cases, arguing that it would prevent duplicate rulings and save time and money, KTIC Radio reported.

The Sixth Circuit Court heard oral arguments on December 8 about its jurisdiction to rule on the many cases filed against the Waters of the United States Rule. Members of both sides of the argument voiced their concerns and opinions on how to precede with the cases, which also determines how quickly the rule arrives at the Supreme Court.

“We’re not asking the court to read this case any more broadly than we have all of the other cases that have preceded it,” Martha Mann, a U.S. Department of Justice attorney arguing the case for the EPA and the U.S. Army Corps of Engineers, said. “EPA has time and again gone to circuit courts and said you do not have jurisdiction.”

The court asked the suing states if they were looking for multiple definitions of what constitutes “waters of the united States” by asking the rulings to be played out in separate courts. Eric Murphy, state solicitor for the state of Ohio, replied with a firm “No.” Murphy believed the cases should be played out in the district courts and then eventually work their way up to the Supreme Court.

“I dispute the notion that the jurisdiction should be in this court out of concerns about national uniformity,” Murphy said.

The rule, which has led to thirteen states suing the EPA over its conditions, has come under fire recently due to what many perceive as a loose definition of what constitutes “waters of the United States.” Those against the rule argue that the criteria in the rule could give federal jurisdiction over the smallest of waterways and lead to an overstep by the government. However, the EPA has repeatedly stated that the rule is meant to solidify the definition rather than expand it.

The rule will most likely have to go all the way to the Supreme Court for a final verdict on its legality. According to KTIC Radio, the court itself gave no indication as to where it stood during the oral arguments.

Sources:

http://kticradio.com/agricultural/waters-of-the-u-s-rule-may-go-to-supreme-court/