In a unanimous decision issued on January 22, 2018, the Supreme Court held that challenges to the WOTUS Rule must be reviewed first in federal district court, reversing the Sixth Circuit's ruling with instructions to dismiss for lack of jurisdiction. The Supreme Court's decision results in a lift of the national stay of the WOTUS Rule ordered by the Sixth Circuit, which could make the Rule's provisions enforceable, at least until another court issues a national stay of the Rule.
Generally, parties may file challenges to final EPA actions in federal district court. But the Clean Water Act, 33 U.S.C. § 1369(b)(1)(A) through (G), provides for seven categories of EPA actions for which the federal courts of appeals have direct and exclusive jurisdiction. The Government under the Obama administration and subsequently the Trump administration argued that the WOTUS Rule fit within two of these categories: Subparagraph (E), EPA actions in approving or promulgating any effluent limitation or other limitation under section 1311, 1312, 1316, or 1345 of the Clean Water Act and Subparagraph (F), EPA actions in issuing or denying any permit under section 1342 of the Clean Water Act. The Supreme Court rejected both of these arguments and held that because the WOTUS Rule did not fall under any of the seven Clean Water Act categories for direct appellate review, challenges to the Rule must first be filed in federal district court.
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