SCOTUS: WOTUS Rule Suits Belong in District Courts

On January 22, 2018, the US Supreme Court unanimously held that challenges to the Obama-era Clean Water Rule, commonly referred to as the WOTUS Rule (for "waters of the United States"), must be filed in federal district courts rather than directly in federal appeals courts. The case is National Association of Manufacturers v. Department of Defense et al., case number 16-299.

The WOTUS Rule sought to clarify which wetlands and streams receive automatic protection under the Clean Water Act (CWA) in an attempt to further the CWA's objective "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." The US Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) jointly issued the WOTUS Rule in 2015. Dozens of parties filed lawsuits over the rule in both federal appeals courts and district courts, teeing up a battle over the appropriate legal venue for challenges. Last year, the Supreme Court agreed to take up