Law360 Quotes Cynthia Taub on Clean Water Rule Jurisdiction

September 25, 2017

Law360 quoted Cynthia Taub in an article titled “What Enviro Lawyers Should Be Watching At The High Court.” The article, published September 22, provides an overview of what environmental attorneys will be watching during the upcoming Supreme Court term. In January, the high court agreed to review the Sixth Circuit’s finding that it has jurisdiction to hear challenges to the US Environmental Protection Agency and Army Corps of Engineers’ controversial Clean Water Rule. It’s also called the Waters of the United States or WOTUS rule.

Ms. Taub says the Supreme Court’s decision on the jurisdictional issue will be important, because once the agencies issue a new WOTUS rule, it’s sure to be challenged. “But this time, the parties will know where jurisdiction lies, rather than filing challenges in both district and circuit courts. Resolving this jurisdictional issue will therefore avoid wasting parties’ and courts’ time and resources in the next round of litigation over the agencies’ definition of WOTUS.”

Oral arguments are scheduled for October 11.

The full article can be read at Law360 (subscription required).