The Sixth Circuit Court of Appeals will hear oral arguments December 8 regarding the EPA and Corps of Engineers Waters of the U.S. rule. Earlier this month that court placed a nationwide injunction on the rule until the court can decide whether or not it has jurisdiction to hear the case. South Dakota Attorney General Marty Jackley says South Dakota is one of the states involved in the suit.

Jackley says the hope is the Court will take jurisdiction over WOTUS, although there are two other possible ways they could rule.

He says the other possibility is the Appeals Court could delay the issue and make no determination leaving it up the individual courts to decide. Jackley says the major argument South Dakota and other anti WOTUS states will make is that the EPA and the Corps are exceeding their authority with the rule.

Jackley is concerned that if WOTUS were allowed to go forward it would do great damage to South Dakota’s agricultural industry which is the main driver of the state’s economy.