6th Circuit's CWA Ruling Might Clarify Jurisdiction For Water Rule Cases

摘要

The U.S. Court of Appeals for the 6th Circuit's pending ruling on whether it has authority to hear consolidated suits over EPA's Clean Water Act (CWA) jurisdiction rule might clarify the scope of when appellate rather than district courts should hear suits over other CWA rules dealing with the law's reach, according to sources. The court's decision could have "potential implications for the reviewability of future rulemakings" under the water law, the attorney says, because it could involve a precedential interpretation of section 509 of the water law, which governs judicial review of water regulations issued by EPA or the Army Corps of Engineers. "No court has ever found that 509 applies to any rule not within EPA's exclusive jurisdiction to adopt," the source says.