HGS Files Brief in Waters of the U.S. Legal Challenge

Posted Tuesday, November 15th, 2016 by David W. Childs

Over the past two weeks, initial briefs and amicus briefs were filed in the Waters of the US Rule (also known as the “Clean Water Rule”) legal challenge. Overall, 32 states and 57 business, industry and property rights groups filed legal arguments against the rule in the U.S. Court of Appeals for the Sixth Circuit. Dozens of congressional members joined the fray by filing an amicus brief, perhaps signaling the willingness of Congress to take action against the rule after the change in presidential administrations.

The “business and municipal petitioners” filed their opening brief on November 1st. The business petitioners include the Chamber of Commerce, American Farm Bureau, and the Utility Water Act Group. The municipal petitioners are compromised of the Southeast Stormwater Association, Florida Stormwater Association, Florida Rural Water Association, and Florida League of Cities. All of these local government groups are represented by Mo Jazil, David Childs, and Adam Blalock of Hopping Green & Sams (HGS).

The petitioners’ brief takes issue with the scope of the rule and procedures used to adopt it. Of particular relevance to Florida regulated interests, the petitioners argue that the rule paradoxically and illegally treats some surface water features as both “point sources” and jurisdictional waters. Florida examples are used to illustrate the fallacy of this approach.

For additional information contact David Childs.

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