NAM: Appeals court to hear states’ challenge to Clean-Water Rule

The AP (2/22) reports that judges from the 6th US Circuit Court of Appeals in Cincinnati ruled 2-1 on Monday that it will hear challenges from 18 states to the Obama administration’s Waters of the United States rule, which “attempts to clarify which small streams, wetlands and other waterways the government can shield from pollution and development.”

The state plaintiffs argue that the rule, issued by the Environmental Protection Agency and the Army Corps of Engineers in 2015 under the Clean Water Act, goes “too far and could be costly to landowners,” the AP explains.

The Hill (2/22, Cama) says that in its ruling Monday, the three-judge panel from the 6th Circuit “rejected calls from opponents of the regulation to dismiss their cases and allow them to first go to lower courts with their challenges.”

Writing for the court’s majority, Judge David McKeague “said the trend in similar cases has been for circuit courts, not the lower district courts,” to hear such challenges. The court didn’t set a schedule for hearing the case, The Hill says.

Associated Industries of Missouri is the sole official designated partner of the National Association of Manufacturers in Missouri.