After hearing arguments two months ago about which federal courts should have jurisdiction to consider legal challenges to the Obama Administration’s new Clean Water rule, the Federal 6th Circuit court of appeals ruled that it will eventually rule on the case. The ruling continues the stay of the rule issued by the court in October 2015.
More than 30 states, industry, and environmental organizations have filed suits challenging the rule over which Waters of the U.S. (WOTUS) are subject to the federal Clean Water Act. Another federal district court in South Dakota is also proceeding with a separate suit against the rule. While the 6th Circuit rule is a procedural victory for the Obama Administration and environmental organizations that seek to consolidate the seven suits filed across the country, states, local governments, and industry groups that would be subject to the new rule welcome the continued stay, which prevents the rule from taking effect. The legal challenges are expected to continue for months, if not years, to come and eventually land at the U.S. Supreme Court. Meanwhile, the rule remains the subject of significant controversy on Capitol Hill, where lawmakers are expected again this year to seek a ban on funding implementation of the rule.