Today, in a much-anticipated
decision, the Supreme Court unanimously held that district
courts are the proper courts to hear challenges to the "Waters
of the United States" ("WOTUS") Rule, an Obama-era
regulation that expansively defined waters subject to Clean Water
Act jurisdiction. The decision overturns a Sixth Circuit ruling
that federal appeals courts maintain the proper jurisdiction to
hear such challenges. Writing for the Court, Justice Sotomayor
found that "Congress has made clear that rules like the WOTUS
Rule must be reviewed first in federal district courts."
While the Trump Administration has proposed to rescind the WOTUS
Rule, the implications of the Court's decision could still be
far-reaching. For example, if and when a new definition of
"waters of the United States" is proposed, such
challenges will quickly advance in district courts without being
bogged down in questions of jurisdiction. Additionally, with a
narrower reading of the relevant Clean
