By Joel Beauvais (October 13, 2017, 12:11 PM EDT) -- On Oct. 11, the U.S. Supreme Court heard oral argument in National Association of Manufacturers v. U.S. Department of Defense (No. 16-299), in which the court will decide whether the district courts or the courts of appeals are the correct forum for suits challenging the "Clean Water Rule" promulgated in 2015 by the U.S. Environmental Protection Agency and the Army Corps of Engineers. The rule defines "waters of the United States" that are subject to regulation under the Clean Water Act, and has been the subject of major controversy. While the case now before the court focuses on a threshold jurisdictional issue, it is being watched closely by states, industry groups and environmental organizations, as the outcome will have significant impacts on future litigation....
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