The U.S. Supreme Court agreed to hear the National Stone, Sand & Gravel Association (NSSGA) coalition’s petition regarding the proper venue for the case against the U.S. Environmental Protection Agency’s (EPA) Waters of the U.S. (WOTUS) rule.
“This is not a hearing on the merits of the rule, but whether the case should be heard first in the district court or the appeals court,” says Emily Coyner, NSSGA director of environmental services.
NSSGA prefers the litigation against the rule be heard in the district courts, where there is “more opportunity to elaborate on the harmful effects of the rule.”
According to NSSGA, the WOTUS rule would increase the jurisdiction of the EPA and would cost the aggregate industry millions of dollars to comply with new requirements.
In addition, the Obama administration filed its parting defense of the WOTUS rule with a 250-page brief filed in the 6th U.S. Court of Appeals. Any new rule from the Trump administration would need to address the points in that brief to be legally protected. The Trump administration is expected to ask for a hold on litigation against the rule so that it can be reworked, NSSGA says.
“NSSGA looks forward to working with the Trump administration and Congress to put a stop to the WOTUS rule,” Coyner says. “Whether it is on the Hill or through our actions in the courts, NSSGA is doing everything possible to work with the incoming administration to not only stop the WOTUS rule, but ensure that the EPA considers industry concerns in other rulemakings.”
The hearing is expected to take place in April with a decision in June, NSSGA reports.
