Tuesday, October 13, 2015

State of Ohio v. U.S. Army Corps of Engineers

<> State of Ohio v. U.S. Army Corps of Engineers - 10/9/15. In the U.S. Court of Appeals, Sixth Circuit, Case Nos.15-3799/3822/3853/3887 involving many other states, including Michigan, challenge the validity of a Final Rule adopted by respondents U.S. Army Corps of Engineers and U.S. EPA, "the Clean Water Rule" (i.e. WOTUS rule).
     The 18 petitioner states are: OH, MI, TN, OK, TX, LA, MO, GA, WV, AL, FL, IN, KS, KY, NC, SC, UT, & WI. The respondent-intervenors include environmental groups and the states of NY, CT, HI, MA, OR, VT, WA and the District of Columbia.
     The Appeals Court ruled in a split decision, ". . .on due review of the relevant considerations in light of the briefs filed by petitioners, respondents and intervenors, and in the exercise of our discretion, we GRANT petitioners' motion for stay. The Clean Water Rule is hereby STAYED, nationwide, pending further order of the court."

      The dissenting judge said, "I believe that it is not prudent for a court to act before it determines that it has subject-matter jurisdiction. . . If we lack jurisdiction to review the Rule, then we lack jurisdiction to grant a stay."

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