RFG 2018 Conference

supreme court

Two-year delay to WOTUS applicability date finalized after the Supreme Court ruled that challenges belong in federal district courts

U.S. Supreme Court building

On January 22, the U.S. Supreme Court unanimously ruled that any challenges to the Waters of the United States (WOTUS) Rule must be filed in federal district courts, not federal courts of appeals. While the Supreme Court’s ruling would have permitted enforcement of the WOTUS Rule in 37 states, the EPA and USACE finalized a rule on January 31 that creates a new applicability date for the WOTUS rule two years from now.

Supreme Court hears oral arguments on EPA regulation of GHG's

U.S. Supreme Court building
On February 24, the Supreme Court of the United States (SCOTUS) heard oral arguments from seven groups of petitioners on the subject of the Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHG’s) from stationary sources under the Clean Air Act (CAA). The debate on Utility Air Regulatory Group v. EPA included petitions from private groups and state governments focusing on congressional intention in the creation of the CAA and varying interpretations of the law’s language regarding “air pollutants.”
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