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Supreme Court Hears WOTUS Arguments
USAgNet - 10/17/2017

The U.S. Supreme Court heard oral argument last week on one issue that has arisen under the Obama Administration's 2015 definition of the term 'waters of the United States.'

When the Environmental Protection Agency finalized the 2015 WOTUS rule, it relied on a section of the Clean Water Act that requires certain specific challenges be heard directly in the appeallate courts rather than the district courts.

The Supreme Court oral argument is the culmination of two years of arguments and many other businesses and states concerning where this case should be heard.

Supporting its theory, the government primarily relied on a section of the Clean Water Act that requires challenges to 'effluent limitations' or 'other limitations' to be litigated in the courts of appeals.

As a backup, the government also claimed that the case should be heard in the court of appeals because the act requires people challenging permits to bring their cases directly there.

While some justices seemed to agree with our reading of the act, other justices supposed that the WOTUS rule might fall in the 'other limitation' category because it does limit where a person can legally discharge a pollutant.


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