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High Court to Consider the Waters of the US


The Supreme Court will consider an Obama administration rule known as Waters of the US (WOTUS). The EPA and the Army Corps of Engineers issued the joint rule in 2015, which determines which wetlands and streams receive automatic protection under the Clean Water Act. At issue are the law’s judicial review provisions. WOTUS stipulates that appeals courts have jurisdiction over challenges to “any effluent limitation or other limitation,” as well as permit approvals or denials. Other legal disputes, however, are heard by district courts. The National Association of Manufacturers is arguing that the Clean Water Rule belongs in district court because it is a definitional rule and does not impose any discharge limitations or approve any permits.

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