This entry is a follow-up to our blog post on February 23, 2016 regarding the Sixth Circuit’s decision that it has jurisdiction to adjudicate challenges to the EPA-Army Corps WOTUS rule. On April 21, 2016, the Sixth Circuit denied six petitions for rehearing en banc. In order to obtain en banc (full court) review, the issue presented must be one of “exceptional importance.” The Court held that “the issues raised in the petitions were fully considered upon the original submission and decision of the cases . . . No judge has requested a vote on the suggestion for rehearing en banc.”
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