Sixth Circuit to Consider Crucial Jurisdictional Issue Relating to Scope of Clean Water Act

The US Court of Appeals for the Sixth Circuit will hear oral arguments about whether federal district courts have jurisdiction to hear challenges to President Obama’s rule broadening the application of the Clean Water Act.

In May, the Environmental Protection Agency and Army Corps of Engineers drafted an administrative rule expanding the EPA’s ability to enforce the Clean Water Act on marshes, bogs, wetlands, and ditches. Over a dozen states and industrial groups have challenged the rule, arguing that it infringes on states’ rights and is thus unconstitutional. Nearly all of the district courts in the Sixth Circuit have declined to rule on the matter, claiming that they do not have jurisdiction.

Proponents for the rule prefer to have the Court of Appeal hear the case immediately, as it would allow the Obama administration ample opportunity to vigorously defend its position. Opponents of the rule argue that the matter must first be heard in the district court level, which would further delay its implementation. A lengthy litigation would also allow for the potential that the next administration decides not to vigorously defend the rule.

The Sixth Circuit will hear oral arguments on December 8, 2015 and is expected to make a quick ruling. A similar issue is pending at the US Court of Appeals for the Eleventh Circuit.

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