Supreme Court Makes Jurisdictional Determination On Clean Water Act Rule

Rafe Petersen is a partner and Aaron S. Heishman is an Associate in our Washington, D.C., office, and Elizabeth "Betsy" Lake is a partner in our San Francisco office.

EPA and Army Corps of Engineers Act to Delay Rule Implementation

HIGHLIGHTS:

• U.S. Supreme Court ruled unanimously – on narrow procedural grounds – that the courts of appeals do not have original jurisdiction to hear challenges to the Clean Water Act (CWA), the Obama Administration's 2015 rule defining "Waters of the United States" (2015 WOTUS Rule).
• The ruling upends the nationwide stay issued by the U.S. Court of Appeals for the Sixth Circuit Court that is currently enjoining implementation of the WOTUS Rule.