White Paper

5 Pages
  • 5 Pages

Supreme Court Holds Challenges to Waters of the U.S. Rule Must Be Brought in District Courts


Due to this recent decision, there could be a delay in the resolution of US EPA Clean Water Act regulations challenges.

The January 22, 2018 decision could also result in conflicting resolutions from federal district courts.  SCOTUS held that challenges to the WOTUS Rule need to be brought in the first instance in federal district courts, which reverses an earlier decision by the Sixth Circuit Court of Appeals. This white paper provides a background on this decision and the implications that the unanimous decision may leave behind.



Duke K. McCall, III

Morgan, Lewis & Bockius LLP

Duke McCall’s practice focuses on environmental law and complex litigation. He represents clients in contribution actions, enforcement proceedings, citizen suits, toxic tort litigation, and regulatory matters, including actions brought under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act, and analogous state laws.

Douglas Andrew Hastings

Morgan, Lewis & Bockius LLP

Doug Hastings focuses his practice on environmental litigation and regulatory issues. Doug represents clients in matters arising under a variety of federal and state environmental statutes including the Clean Water Act, Clean Air Act, National Environmental Policy Act (NEPA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In particular, Doug had performed significant work related to the Renewable Fuel Standard (RFS) program on behalf of a biofuels trade association, including litigation before the DC Circuit Court of Appeals, representation in administrative proceedings, and regulatory and compliance advice.

Adam Adler

Morgan, Lewis & Bockius LLP

Adam J. Adler helps clients resolve complex legal questions at both the trial and appellate level. His practice encompasses a wide variety of issues including constitutional law, intellectual property, criminal defense, and commercial litigation.

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