The United States Supreme Court will consider whether the U.S. Court of Appeals or the Sixth District Court is the proper venue for legal challenges to the Waters of the U.S. or WOTUS rule. National Cattlemen’s Beef Association Environmental Counsel Scott Yager says they want a determination to be made so they know where to focus their opposition.

He says they’re opposing WOTUS in the courts, but also working with the EPA on a rewrite. That’s because they don’t have the sixty votes needed to pass legislation in the Senate to eliminate the rule. Yager says they need the venue issue settled to avoid cost and delay.

Yager says the WOTUS rewrite will make the court action unnecessary, but they can’t take that chance.

The Supreme Court this week also rejected the Trump administration’s request to put the case on hold with the U.S. EPA’s current review of WOTUS.