Oral Arguments Scheduled for WOTUS Venue Question

Oral arguments over the appropriate venue, district or circuit court, for challenges in federal courts to the Environmental Protection Agency's waters of the U.S. (WOTUS) rule have been scheduled for July 8 in Atlanta before the U.S. Eleventh Circuit of Appeals.

The challenges were brought by an 11-state coalition, led by Georgia. The Eleventh Circuit previously postponed scheduling for arguments pending a resolution to a related challenge before the Sixth Circuit, and following a fractured ruling and then a dismissal of a request for rehearing in that court, the Eleventh Circuit decided to move forward with the litigation before it.

The Eleventh Circuit proceeded with oral arguments after giving all parties to the litigation an opportunity for supplemental briefing on the question of legal jurisdiction. The court issued the scheduling order June 24.

If the Eleventh Circuit decision conflicts with that of the Sixth Circuit, which found it did have jurisdiction over the WOTUS challenges, it would set the stage for the jurisdictional question to potentially come before the Supreme Court.