The Department of Justice (DOJ) is citing the text of the Clean Water Act (CWA) to support the U.S. Court of Appeals for the 6th Circuit's split ruling giving it authority to hear suits over EPA and the Army Corps of Engineers' CWA jurisdiction rule, fighting manufacturers' bid for the Supreme Court to reverse the appellate decision. In addition, DOJ argues in a Dec. 7 brief that the industry push is flawed because the 6th Circuit is still in the merits briefing stage in consolidated litigation over the CWA rule and has not issued a decision. The "interlocutory posture of the case provides an additional reason to deny" the petition for a writ of certiorari asking the justices to reverse the venue ruling, the brief says.
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