Groups Want WOTUS Court Brief Schedule Altered

The schedule for opening briefs in the challenge to the Environmental Protection Agency's (EPA) waters of the U.S. (WOTUS) rule should be postponed until the Court of Appeals for the Sixth Circuit has decided whether to admit certain memorandums by the US Army Corps of Engineers that were critical of the way the rule was crafted, according to a motion filed by a coalition of 54 business, agriculture and manufacturing groups.

The filing, by groups including the National Association of Manufacturers and the American Farm Bureau Federation, call on the court to extend the briefing start to 30 days after the court rules what documents are to be made part of the administrative record.

Opening briefs from states, business and municipal groups, and environmental organizations challenging the legality of the WOTUS rule are due September 30, but the court has yet to rule on the documents that were part of briefs filed July 29.