En Banc Review Of 6th Circuit’s Clean Water Rule Decision Is Sought
(March 2, 2016, 2:48 PM EST) -- CINCINNATI — Nineteen business associations on Feb. 29 petitioned the Sixth Circuit U.S. Court of Appeals for an en banc rehearing of what they call the “splintered” appeals panel decision that gave circuit courts jurisdiction over challenges to the Clean Water Rule (In Re: Environmental Protection Agency, et al., No. 15-3715, 6th Cir.).
(En banc petition available. Document #95-160310-020B.)
On Feb. 22, a Sixth Circuit panel, in a 2-1 ruling, held that the Clean Water Act requires that challenges be heard by circuit courts. The majority...