Appeals Court Stands by WOTUS Decision

Meanwhile, the U.S. Senate blocked an apropos amendment that would have stripped WOTUS funding.

April 22, 2016

CINCINNATI – The 6th Circuit Court of Appeals denied petitions against the Waters of the U.S. (WOTUS) rule, standing by its ruling that any challenges to the regulation should stay with the federal appeals court, PoliticoPro.com reports. States, property rights activists and industry groups had requested the court revisit arguments on opposition to the Obama administration’s water rule.

The groups contend that the Clean Water Act requires challenges to the rule to start in district court. The WOTUS rule opponents were aiming for a full court rehearing of the issue. However, the federal appeals court’s short order stated that “the issues raised in the petitions were fully considered upon the original submission and decision of the cases.”

Meanwhile, by a narrow margin, the U.S. Senate blocked an amendment that would have removed funding for clean water protections, USA Today reports. The amendment from Sen. John Hoeven (R-ND) would have blocked funding to the WOTUS rule. The Senate is attempting to approve the dozen annual funding bills that outline spending by federal agencies next year.

The final WOTUS rule took effect on August 28, 2015, at which point NACS members must be in compliance with the rule. NACS counsel prepared a brief summary, accessible only to NACS members, of the final rule that is intended to provide convenience retailers with a general understanding of their potential obligations.

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