Yesterday, the U.S. Court of Appeals for the Sixth Circuit concluded that it has jurisdiction to hear the various challenges to the EPA – Army Corps issued “Clean Water Rule”, which redefined the term “waters of the United States” under the Clean Water Act.
The three judge panel issued three separate opinions, with Judge McKeague writing the lead opinion, Judge Griffin concurring in the judgment only, and Judge Keith dissenting. The fractured three-way decision suggests that the issue of jurisdiction is not completely settled and that the Sixth Circuit sitting en banc and/or the Supreme Court may ultimately decide the issue.
The three opinions comprising the Court’s decision can be found here.