Following last week’s federal 6th Circuit Court stay of the Clean Water Rule that redefines Waters of the U.S. (WOTUS), the Judicial Panel on Multidistrict Litigation this week ruled that seven district court cases can proceed on separate tracks.  The Obama Administration sought to consolidate the seven cases, in which 34 states and industry groups have filed suit against the Environmental Protection Agency (EPA) and Corps of Engineers (Corps), and defend the rule in only the Washington, D.C. circuit court.  

Opponents of the rule consider this another win after the 6th Circuit issued a ruling to halt implementation of the rule nationwide while the court determines which courts have jurisdiction over the rule.  During the public comment period on the rule, RCRC raised numerous concerns about the rule’s impact on storm water and water reuse facilities, county ditches, and water delivery systems.  The rule took effect August 28, 2015, but now that the rule has been stayed, EPA and the Corps must make decisions based on guidance issued during the Bush Administration.