The US Supreme Court will resolve a jurisdictional issue over the controversial “Waters of the United States” issue, a pending EPA rule determining the authority of the federal agency to oversee and regulate bodies of water.
The Supreme Court has now agreed to review the appeal of the 6th Circuit’s ruling, but its review will be limited to the question of which court has the authority to decide the case, and will not assess the substance of the new rule. The Supreme Court’s ruling will determine, however, which courts are authorized to hear challenges to the substance of the new WOTUS definition.
NACo has expressed multiple concerns on the new WOTUS definition and its impact on county-owned and maintained roadside ditches, bridges, flood control channels, drainage conveyances and wastewater and stormwater systems, and will continue to monitor developments in the courts on this issue. NACo does not have a position on which courts should hear challenges to the new WOTUS definition.
