Dozens of complaints have been filed in federal courts across the U.S. challenging the water jurisdiction rule, but several attorneys speculate that the U.S. Supreme Court, if they get that far, would get to the question of the appropriate venue for the petitions before hearing arguments on the merits of the regulation. "I don't think it would be surprising if the court decided the procedural issues first, although that is unlikely to mean that the court won't also decide the substantive issues in the relative near term in a case that arises out of whatever forum the court decides is correct," Justin Pidot, associate professor at the University of Denver Sturm College of Law, told Bloomberg BNA in a Jan. 7 e-mail.
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