States Say 6th Circuit Panel Split On Clean Water Rule Means It Should Be Ignored

(June 7, 2016, 4:21 PM EDT) -- ATLANTA — Because two out of three judges on a Sixth Circuit U.S. Court of Appeals panel believe that court’s jurisdictional ruling is incorrect, 11 states on May 16 told the 11th Circuit U.S. Court of Appeals that it should disregard the sister court’s ruling and send their Clean Water Rule challenge back to a Georgia federal district court for a decision on the merits (State of Georgia, et al. v. McCarthy, et al., No. 15-14035, 11th Cir.).

(States’ brief available. Document #95-160609-010B.)

In supplemental briefing...
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