More Groups Seek Full 6th Circuit Rehearing on WOTUS Rule

States and industry groups petitioned the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, Ohio, for a full panel rehearing, after a three-judge panel ruled original jurisdiction to hear challenges to the Waters of the U.S. (WOTUS) rule properly lies in the court of appeals.

In their petitions for rehearing, the Utility Water Act Group, Texas Alliance for Responsible Growth, Southeastern Legal Foundation Inc., a group of states, led by Ohio, and the Washington Cattlemen’s Association and Chamber of Commerce wrote that full court review is necessary because the issue presented is of national significance, and the panel’s decision conflicts with those handed down by other circuits.

The petitions were due by March 23.

They join the National Association of Manufacturers and American Farm Bureau Federation, which filed their petition on Feb. 29. Another group of states, led by North Dakota, has previously filed a petition.

The court’s response to the petitions is due April 1.