Court Cancels WOTUS Oral Arguments

The cancellation of Feb. 23 oral arguments over the Environmental Protection Agency’s (EPA) Clean Water Rule (WOTUS) was announced by the U.S. Court of Appeals for the Eleventh Circuit, which will wait for a separate ruling from the Sixth Circuit on separate challenges to the rule.

Proper jurisdiction, whether it is at the appellate or district court levels, is the question being litigated in the Sixth Circuit before the dozens of pending challenges can move forward. Previously, the Sixth Circuit implemented a nationwide stay on the WOTUS rule, until the current cases can be litigated.

Oral arguments on the 20 consolidated challenges to the WOTUS rule were held before the Sixth Circuit on Dec. 8 and a ruling is pending. Given the much earlier date of the oral arguments, it is likely that it was the motivating factor for the Eleventh Circuits decision to cancel their own scheduled oral arguments.