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SCOTUS decision on WOTUS ‘brings clarity’

The U.S. Supreme Court ruled Monday that federal district courts – not federal courts of appeals – have jurisdiction to review the 2015 Waters of the U.S. (WOTUS) rule.  American Farm Bureau General Counsel Ellen Steen says the decision brings clarity to an issue that she says has bogged down WOTUS litigation for years.

Although she calls it a positive result, Steen says the decision will create uncertainty and confusion in the short term, because the Sixth Circuit will soon have to lift its nationwide stay of the WOTUS rule. Steen says the American Farm Bureau is considering its options while the EPA decides a long-term solution that provides clean water without requiring a federal permit to plow a field.

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