Judges Ask Tough Questions Of EPA, Critics in Suit Over CWA Rule Venue

摘要

Judges on the U.S. Court of Appeals for the 10th Circuit raised tough questions for EPA and critics of the agency's Clean Water Act (CWA) jurisdiction rule at oral argument over which courts have authority to hear suits over the rule, with two of the judges hinting they could stay the case pending resolution of a similar 6th Circuit suit. "What about if we just abstain as did the 11th Circuit, calling it a colossal waste of time" to have duplicative litigation playing out in multiple appellate circuits, one judge asked during the recent argument in the 10th Circuit case Chamber of Commerce, et ah, v. EPA, et al. The case contests a lower court's ruling that rejected a suit over the jurisdiction rule by deferring to a split 6th Circuit ruling giving that court power to hear such suits.