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.
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