Supreme Court hears WOTUS-related cases

The Supreme Court heard one of the many Waters of the U.S. (WOTUS) rule-related cases last Wednesday. It specifically heard National Association of Manufacturers v. U.S. Department of Defense, which deals with the question of appropriate jurisdiction of issues related to the Environmental Protection Agency’s (EPA’s) regulations. The EPA argues that such regulations are properly tried in the federal courts of appeal, while opponents argue the proper venue is the federal district courts. A major difference between the two possible jurisdictions is the window of appeal opportunity. In the district courts, plaintiffs have six years following the enactment of a federal rule to contest it and allege harm. In the appeals courts however, those alleging harm from a federal rule must submit their challenges within six weeks. Though this case does not directly deal with WOTUS itself, the decision could have wide-reaching implications for the future in terms of legal jurisdiction. “Although the WOTUS rule is being revised by the Trump administration, the outcome of this case is still an urgent matter,” said Reed Hopper, an attorney with the Pacific Legal Foundation, a group involved with several WOTUS-related cases. “If the EPA succeeds in blocking lawsuits over the WOTUS rule, other government agencies could use the same ploy to shield their regulations from judicial review.”