States Argue 6th Circuit CWA Ruling Cannot Preclude 11th Circuit Appeal

摘要

A coalition of 11 Southern states is arguing that the U.S. Court of Appeals for the 6th Circuit's decision to hear suits over EPA's Clean Water Act (CWA) jurisdiction rule cannot preclude their 11th Circuit appeal that argues suits over the rule should be heard first in district court, saying the 6th Circuit's ruling is not binding on the 11th Circuit. "The States respectfully request that this Court resolve the very live issue between the parties of subject matter jurisdiction, and remand the case to the district court for consideration of the merits of the States' claims," state plaintiffs led by Georgia say in a May 16 supplemental brief filed with the 11th Circuit in State of Georgia et al., v. McCarthy, et al. (Doc. ID: 191385).