U.S. Supreme Court

Case Status


Docket Number


2017 Term

Oral Argument Date

October 11, 2017


Questions Presented

Whether the U.S. Court of Appeals for the 6th Circuit erred when it held that it has jurisdiction under 33 U.S.C. § 1369(b)(1)(F), the portion of the Clean Water Act's judicial review provision that requires that agency actions “in issuing or denying any permit” under Section 1342 be reviewed by the court of appeals, to decide petitions to review the waters-of-the-United-States rule, even though the rule does not “issu[e] or den[y] any permit” but instead defines the waters that fall within Clean Water Act jurisdiction.

Case Updates

Supreme Court unanimously holds challenges to WOTUS rule must be filed in federal district courts, rather than in federal courts of appeals

January 22, 2018

Click here to view the unanimous opinion.

U.S. Chamber asks Supreme Court to clarify jurisdictional issue regarding WOTUS rule

May 04, 2017

Click here to view the Chamber's brief, filed jointly with the National Federation of Independent Business, the State Chamber of Oklahoma, the Tulsa Regional Chamber, and Portland Cement Association.

William S. Consovoy, J. Michael Connolly, and Michael H. Park of Consovoy McCarthy Park PLLC served as co-counsel for the amici.

Case Documents