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The challenges to the Environmental Protection Agency’s Waters of the U.S. rule will probably end up in the Supreme Court.
The U.S. Sixth Circuit Court of Appeals heard arguments this week regarding its own jurisdiction to rule on dozens of lawsuits filed against the EPA rule and are deciding on if they will take the lead in overseeing legal arguments.
President Obama’s Administration wants the lawsuits to be consolidated into one. That would allow it to move directly to the Supreme Court.
However, some challengers want to see cases play out in individual district courts and then be appealed.
More than 30 states joined lawsuits against the rule alongside industry groups and businesses.