States Ask For Full Sixth Circuit to Review WOTUS Venue Ruling

A hearing before the full U.S. Sixth Circuit Court of Appeals in Cincinnati, Ohio, was requested by 13 states litigating the Environmental Protection Agency’s (EPA) Waters of the U.S. (WOTUS) rule, after a three-judge panel decided that the circuit court, and not district court, had jurisdiction over the matter.

The decision over proper venue for WOTUS challenges merits a full Circuit, “en banc”, review because of disagreement among the three-judge panel, differences with other Circuit court rulings, as well as a decision by a U.S. District Court Judge in North Dakota, the states contend in their brief.

A nationwide stay is currently in place over implementation of the WOTUS rule. The stay was imposed by the Sixth Circuit ahead of a determination over the proper jurisdictional venue for WOTUS challenges, under the Clean Water Act (CWA).