CINCINNATI -Appellate judges at Dec. 8 oral argument appeared sympathetic to EPA's push for their court to hear suits over the agency's Clean Water Act (CWA) jurisdiction rule and prevent myriad district court suits proceeding, but worried that taking the case might expand the court's authority over CWA rules beyond Congress' intent. A three-judge panel of the U.S. Court of Appeals for the 6th Circuit wrestled with whether the rule is an "other limitation" under the law, for which the appellate court has exclusive jurisdiction to hear legal challenges. One of the judges warned that finding the rule falls under this definition might be too broad a reading of the statute.
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