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Supreme Court will consider WOTUS jurisdiction dispute
The U.S. Supreme Court has agreed to take up the dispute over which lower courts have jurisdiction to hear challenges to the EPA’s Clean Water Act rule, also known as Waters of the U.S., or WOTUS.
Ag groups, including the National Cattlemen’s Beef Association (NCBA) and National Pork Producers Council, welcomed the announcement. They want the lawsuit to be heard in district court, while the Obama administration has fought to keep the litigation in appellate court.
The ag groups feel they have a better chance of success by starting at the district court level.
“The Supreme Court’s decision to hear our appeal is a victory for America’s cattle producers and all private property owners across the country,” said Scott Yager, environmental counsel for NCBA. “It shows that the Court has a continued interest in private property rights and we look forward to oral arguments this spring.”
The ultimate fate of the litigation remains uncertain. The incoming Trump administration will likely take steps to eliminate the rule.
Tags: Clean Water Act, EPA, NCBA, NPPC, Waters of the US, WOTUS
I believe that those Rivers that meet the historic terms of navigable should be listed consistent with the way they do wild and Scenic Rivers. Congress should take this in hand and make that change. Remembering that navigable waterways are those for commercial use not recreational and they have to have an amount of water in them large enough for commercial shipping capability. In that respect those Rivers under the jurisdiction of the EPA and the Army Corps of Engineers would be very few and needful of more work to maintain the navigable flows for commercial use.