Ohio Agribusiness Association : Supreme Court to Hear WOTUS Case

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Source: Agricultural Retailers Association

The Supreme Court of the United States has agreed to hear the Waters of the U.S. (WOTUS) case. Many industry and agricultural groups asked the Supreme Court to hear the case after the Sixth Circuit Court of Appeals decided it had original jurisdiction opposed district courts. The Sixth Circuit decision is in direct conflict with the North Dakota District Court which decided it had jurisdiction, not the appellate courts.

When the Sixth Circuit Court of Appeals decided it had original jurisdiction, it directly cited its National Cotton Council v. EPA case from 2009, which requires pesticide applicators applying near water to get a Clean Water Act National Pollutant Discharge Elimination System permit in addition to the Federal Insecticide, Fungicide, and Rodenticide Act permits.

The case now before the Supreme Court should clear up which courts (appellate or district) are the appropriate courts to hear the WOTUS cases and could potentially determine that the National Cotton case was wrongly decided.