Water Sector Says 6th Circuit Split Leaves 'No Clear Signal' On CWA Cases

摘要

A water industry group is backing calls for the full U.S. Court of Appeals for the 6th Circuit to review a divided panel ruling that said the court has power to hear suits over EPA's Clean Water Act (CWA) jurisdiction rule, saying the split decision leaves "no clear signal" on whether future CWA suits should be heard in appellate courts. The Utility Water Act Group (UWAG), representing nearly 200 power providers, says in a March 11 petition for en banc rehearing that the panel's 2-1 decision issued Feb. 22 meets the legal threshold for rehearing by the full appellate court because it raises questions on precedent within the circuit. The decision also highlights a circuit split over which types of cases should be heard by the appeals courts, according to the petition. UWAG argues that the ruling "presents a question of exceptional importance," the legal bar for en banc review, because it "calls into question the validity of Sixth Circuit precedent, raises questions about proper interpretation of that precedent, and, in the case of the lead opinion, expands that precedent past its breaking point."