The 6th U.S. Circuit Court of Appeals in Cincinnati says it will rule on the challenges of the Environmental Protection Agency’s Waters of the U.S. or Clean Water Rule. In a 2-1 ruling, the judges said they had the jurisdiction to hear the numerous lawsuits challenging the U.S. EPA and the Army Corps of Engineers.
Oklahoma has challenged the WOTUS along with dozens of other states.
The rule is on hold while the lawsuits are heard.
Judge David McKeague, writing in the majority opinion interpreted the Clean Water act to say that actions from the EPA administration have to be sent directly to the appeals court. But the CleanWater Act’s language is vague on the issue of what challenges can be filed in an appellate court. The Judge said the government’s argument “on its face…is not compelling.”
The two other judges on the panel expressed disappointment.
All three heard arguments in December on whether the case should remain before them.
One other federal judge, Ralph Erickson for the District of North Dakota is hearing arguments in a separate lawsuit filed in North Dakota.
