Analysis

High Court Set To Hear Clean Water Rule Arguments

Law360, New York (October 10, 2017, 5:24 PM EDT) -- A crucial battle over whether legal challenges to an Obama-era Clean Water Act rule belong in federal district or appellate courts comes to a head Wednesday at the U.S. Supreme Court as industry and environmental petitioners square off against the federal government.

The groups will try to convince the justices during oral arguments that challenges to the 2015 Clean Water Rule should be heard at the district-court level, while government attorneys will seek to defend the Sixth Circuit’s 2016 ruling that appellate courts have jurisdiction.

The rule, promulgated in June 2015, defines what bodies qualify as “waters of the United States”...

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