Energy & Environmental Law Blog

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Tag Archives: WOTUS

U.S. Supreme Court Determines Jurisdiction for WOTUS Challenges

Posted in Energy, Environment
On January 22, 2018, the U.S. Supreme Court held that lawsuits challenging the joint EPA-Army Corps rule defining “waters of the United States” (WOTUS) must be filed in federal District Courts. The Supreme Court’s decision overturns the Sixth Circuit’s February 2016 decision that the federal Circuit Courts have exclusive jurisdiction, pursuant to Section 1369(b)(1) of… Continue Reading

Sixth Circuit Holds WOTUS Case Pending Supreme Court Review

Posted in Energy, Environment
On January 25, 2017, the Sixth Circuit granted a motion to hold in abeyance litigation regarding U.S. EPA’s rule defining “waters of the United States” (WOTUS) pending the Supreme Court’s review of whether the Sixth Circuit has jurisdiction to hear the case. The Supreme Court granted certiorari to settle the jurisdictional issue on January 13,… Continue Reading

Supreme Court Holds CWA Jurisdictional Determinations are Final Agency Actions

Posted in Energy, Environment
On May 31, 2016, The U.S. Supreme Court held that Clean Water Act jurisdictional determinations by the Army Corps of Engineers are final agency actions that can be reviewed by federal courts.  In reaching its decision, the Supreme Court declined to follow a 2014 decision from the Fifth Circuit which held that jurisdictional determinations are… Continue Reading

Sixth Circuit Denies En Banc Review of WOTUS Jurisdictional Issue

Posted in Energy, Environment
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… Continue Reading