Supreme Court to Review WOTUS Venue Issues

The United States Supreme Court has granted a petition for certiorari from the United States Court of Appeals for the Sixth Circuit on the Environmental Protection Agency's Waters of the United States Rule.  The Sixth Circuit previously ruled that it had jurisdiction over a number of challenges to the Rule, which resulted in the consolidation of over 100 cases into that Circuit.  Meanwhile, challengers to the Rule have filed suits in the United States District Court for the District of North Dakota.  The Supreme Court's review of the Rule will be limited to determining the correct venue or venues for these cases and will not go to the substantive merits of the Rule.

The Waters of the United States Rule is one of the Obama administration's hallmark regulations.  The Rule was promulgated in light of the Court's ruling in Rapanos v. United States, 547 U.S. 715 (2006), and the result of the current litigation will have a far-reaching impact on the jurisdictional reach of the Environmental Protection Agency and U.S. Army Corps of Engineers, among others.