Oklahoma is among nearly 30 states urging the Denver Federal Appeals Court to revive the U.S. Chamber of Commerce challenge to the federal clean water rule.
In filings, the states say the court is not bound by a Sixth Circuit ruling that circuit courts hold jurisdiction over the claims. The states also want the 10th Circuit Court of Appeals to reserve a lower court’s decision to defer to a 6th Circuit ruling that appellate courts are the proper venue for suits over the EPA’s Clean Water act jurisdiction rule. The states contend the ruling unlawfully restricts the Administrative Procedure act judicial review rights.
It was a year ago when Oklahoma Attorney General Scott Pruitt filed a state challenge of the Clean Water Act rules set forth by the EPA and the U.S. Army Corps of Engineers.
“The State requests that this Court hold unlawful, vacate, enjoin, and set aside the Rule, and provide such additional relief as may be appropriate,” wrote Pruitt in his July 22, 2015 filing.
