Since the Sixth Circuit court found it has jurisdiction to review the multiple lawsuits challenging the legality of WOTUS, DOJ said the Eleventh Circuit should dismiss its own proceedings as the cases before it were consolidated with 21 others and will be heard before the Sixth Circuit.
The government also agreed with the U.S. District Court for the Southern District of Georgia which ruled it lacks jurisdiction to block WOTUS. Eleven states, led by Georgia, appealed the ruling in the Eleventh Circuit.
States have no basis for asking the Eleventh Circuit to address which court should review WOTUS when the own challenges are being consolidated with 21 other petitions before the Sixth Circuit, DOJ asserted. The Sixth Circuit reaffirmed its jurisdiction to hear challenges to WOTUS, after denying an enbanc rehearing request in April.
The states challenging WOTUS are urging the Eleventh Circuit to proceed with its own review, saying the appeals it isn't bound by the Sixth Circuit's jurisdiction. The states also are requesting a preliminary injunction on implementation of the rule, which DOJ opposes.
"Neither this court nor any other court can stay the rule any more than it is already," the DOJ brief said of the state's injunction request, noting that the rule is already stayed nationwide.