The Supreme Court ruled Monday that challenges to an Environmental Protection Agency regulation defining the Clean Water Act term “waters of the United States” must be filed in federal district courts.
TSCRA President Richard Thorpe issued the following statement after the ruling on the proper venue for challenges to the 2015 Waters of the United States (WOTUS) rule:
“We applaud the U.S. Supreme Court’s unanimous ruling that challenges to the Obama-era WOTUS rule belong in federal district courts, not federal appeals courts,” said Thorpe. “This decision not only maintains the integrity of our judicial system, but also ensures that challenges will first be weighed by courts closer to the people and communities they affect.
“The so-called WOTUS rule has already been withdrawn by the EPA, but the ruling sets a sound precedent for future challenges to over-reaching federal rules.”