Numerous legal challenges to the waters of the U.S. rule will be consolidated as a result of a federal court order this week in the U.S. Court of Appeals for the Sixth Circuit in Cincinnati. According to the order there are 22 petitions for review involving more than 150 petitioners and “numerous parties” have intervened in the cases. Without consolidation, the court said, the cases would take much longer to resolve. The order calls for all parties involved to now prepare briefs arguing the merits of the case and prepare a joint proposal within 21 days of the order.
Ron Carleton, EPA Ag Liaison says even with this action, the WOTUS litigation will be tied up in the courts for a while.
And even if the Sixth Circuit is able to expedite a ruling by combining the cases, Carelton says the issue is likely Supreme Court bound.
The battle over the rule continues to play out on several fronts. In fact, North Dakota Senator John Hoeven has offered EPA defunding legislation. He thinks the chances of defunding WOTUS will actually be easier under a new administration.
He says the other positive is the rule remains on hold nationally through the court injunction.
