SCOTUS decision on WOTUS delivers uncertainty

Current and future court challenges to the “waters of the U.S.” rule must be heard in federal district courts, not circuit courts of appeals, the Supreme Court said Monday in a unanimous decision that ultimately could lead to lawsuits filed all over the country. The court did not buy the arguments of the federal government, most environmental groups and some states that federal appeals courts are the proper venue for litigation over the rule, which has been blasted by the vast majority of farm groups as overly broad but supported by conservation groups that say it strikes the proper regulatory balance. The decision sets up a battle in the 6th Circuit Court of Appeals over a nationwide stay of the WOTUS rule that the court issued in October 2015. Because the Supreme Court said that jurisdiction for WOTUS litigation lies in the district court, that means the 6th Circuit will almost certainly have to dissolve its stay wh