Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2017 Term
Oral Argument Date
October 11, 2017
Lower Court Opinion
Questions Presented
Whether the U.S. Court of Appeals for the 6th Circuit erred when it held that it has jurisdiction under 33 U.S.C. § 1369(b)(1)(F), the portion of the Clean Water Act's judicial review provision that requires that agency actions “in issuing or denying any permit” under Section 1342 be reviewed by the court of appeals, to decide petitions to review the waters-of-the-United-States rule, even though the rule does not “issu[e] or den[y] any permit” but instead defines the waters that fall within Clean Water Act jurisdiction.
Case Updates
Supreme Court unanimously holds challenges to WOTUS rule must be filed in federal district courts, rather than in federal courts of appeals
January 22, 2018
Click here to view the unanimous opinion.
U.S. Chamber asks Supreme Court to clarify jurisdictional issue regarding WOTUS rule
May 04, 2017
Click here to view the Chamber's brief, filed jointly with the National Federation of Independent Business, the State Chamber of Oklahoma, the Tulsa Regional Chamber, and Portland Cement Association.
William S. Consovoy, J. Michael Connolly, and Michael H. Park of Consovoy McCarthy Park PLLC served as co-counsel for the amici.
Case Documents
- Opinion -- In re. DOD and EPA Clean Water Rule, Definition of WOTUS (Sixth Circuit).pdf
- Cert. Petition -- National Association of Manufacturers v. Department of Defense (U.S. Supreme Court).pdf
- Brief of Respondents Agrowstar, LLC -- National Association of Manufacturers v. Department of Defense (U.S. Supreme Court).pdf
- Brief of Respondents American Farm Bureau Federation -- National Association of Manufacturers v. Department of Defense (U.S. Supreme Court).pdf
- Brief of Respondents Ohio -- National Association of Manufacturers v. Department of Defense (U.S. Supreme Court).pdf
- Brief for Federal Respondents in Opposition -- National Association of Manufacturers v. Department of Defense (U.S. Supreme Court).pdf
- Reply Brief of NAM -- National Association of Manufacturers v. Department of Defense (U.S. Supreme Court).pdf
- Brief of Respondents Agrowstar, LLC (merits) -- National Association of Manufacturers v. Department of Defense (U.S. Supreme Court).pdf
- Brief of Respondents Waterkeeper Alliance, Inc. -- National Association of Manufacturers v. Department of Defense (U.S. Supreme Court).pdf
- Brief of Respondents Utility Water Act Group -- National Association of Manufacturers v. Department of Defense (U.S. Supreme Court).pdf
- Brief for Petitioner -- National Association of Manufacturers v. Department of Defense (U.S. Supreme Court).pdf
- Brief of Respondents Ohio (merits) -- National Association of Manufacturers v. Department of Defense (U.S. Supreme Court).pdf
- U.S. Chamber Amicus Brief -- National Association of Manufacturers v. Department of Defense (U.S. Supreme Court).pdf
- Opinion -- National Association of Manufacturers v. Department of Defense (U.S. Supreme Court).pdf