States Argue 6th Circuit Ruling Not Binding On CWA Suit In North Dakota

摘要

A coalition of 13 states pursuing a federal district court case over EPA's Clean Water Act (CWA) jurisdiction rule say that a recent U.S. Court of Appeals for the 6th Circuit ruling giving that court authority to hear litigation over the rule is not binding on the district court case because it was filed in North Dakota, which is in the 8th Circuit. The Justice Department (DOJ) in an April 22 filing said it plans to soon file briefs in the U.S. District Court for the District of North Dakota case North Dakota, et al., v. EPA, et al. outlining why DOJ believes that the full 6th Circuit's April 21 decision rejecting en banc rehearing of the ruling on hearing the cases should moot other suits. A three-judge panel of the appellate court had previously issued a 2-1 ruling on taking the CWA rule cases.