EPA Urges District Courts To Halt CWA Rule Suits Pending 6th Circuit Ruling

摘要

EPA is urging federal district courts to halt a slew of lawsuits over the agency's Clean Water Act (CWA) jurisdiction rule until the U.S. Court of Appeals for the 6th Circuit decides whether it has authority to hear appellate challenges to the rule, because if the 6th Circuit hears the case, then EPA will seek to dismiss the lower court lawsuits. The Department of Justice (DOJ) on the agency's behalf filed briefs in at least eight district courts on Oct. 13 and 14 asking judges to hold proceedings until the 6th Circuit decides which courts have the power to consider suits over the CWA rule - which the appellate court has said could come as soon as November. The 11th Circuit in a related case is also weighing whether challenges to the rule belong in federal district or appeals court. See page 2 for details.