Ag Groups Question Venue for ‘WOTUS’ Appeal

Organizations looking to overturn the EPA’s and the Army Corps’ Waters of the U.S. Rule want the U.S. Supreme Court to review whether or not the Sixth Circuit Court of Appeals is the right venue to hear challenges to the rule.   The Sixth Circuit Court earlier dismissed legal challenges that said Federal District Court is the right place to hear the challenges instead of the appeals court.  The petition was not filed based on the merits of the case, but rather based on jurisdiction challenges that repeatedly come up during challenges to Clean Water Act actions.

“Now is the time for the Supreme Court to resolve the confusion among lower courts as to where jurisdiction lies,” said Ellen Steen, General Counsel for the American Farm Bureau Federation.  “That way, the AFBF and other organizations can stop wasting their time and resources arguing with the federal government over where to file these challenges.”

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