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Thursday, July 28, 2016

Federal Court in Minnesota to Rule on Motion to Dismiss WOTUS Suit

A motion to dismiss the lawsuit over the Environmental Protection Agency's (EPA) Waters of the U.S. (WOTUS) rule will be based on the briefs already filed rather than holding arguments on Aug. 5 according to an order from the U.S. District Court for the District of Minnesota.
In a text-only order issued late July 25 to the attorneys involved in the litigation, the court said it would rely on the "papers" to rule on the Justice Department motion to dismiss the lawsuit in light of a decision by the U.S. Court of Appeals for the Sixth Circuit establishing itself as the proper venue to hear complaints against the rule.
The court's order responds to a joint request made July 15 by attorneys representing the Justice Department and a coalition of cattle ranchers, led by the Washington Cattlemen's Association. The rule remains stayed nationwide as the result of a Sixth Circuit order in October 2015.