The United States Supreme Court is expected to decide next month whether or not it will hear the case involving the EPA’s Waters of the U.S. Rule. South Dakota Attorney General Marty Jackley, who heads up the National Association of State Attorney’s General, says if the High Court were to rule on WOTUS, a 4-4 vote would favor those challenging the rule.

He says anti WOTUS groups lost an advocate with the passing of Justice Antonin Scalia.

Jackley says State Attorneys General and groups challenging WOTUS have a very strong case. He says states have done a better job protecting the environment than the EPA.

Jackley says those challenging WOTUS have prevailed in both the 6TH Circuit Court and the North Dakota Court.