A court room challenge to “waters of the U.S.” (WOTUS) rules look like they will be head to federal district court after a hearing held by the Supreme Court of the U.S.
On Oct. 11, the Supreme Court heard arguments from agriculture industry representation and counsel to the federal government. The oral arguments will help determine if the case goes to appellate courts or federal district courts.
The proceedings look to be favorable for agriculture according to Scott Yager, environmental counsel for the National Cattlemen’s Beef Association (NCBA).
Yager had a front row seat on the action where Mayer Brown attorney Tim Bishop, who was representing an agriculture industry collation and the National Association of Manufacturers. Representation for the federal government was represented by Rachel Kovner, assistant to the Solicitor General. The court also heard from Ohio Solicitor General Eric Murphy who is representing the 30 states that oppose WOTUS.
“The questioning both from the liberal and conservative wings, it’s all pointing to us winning this issue,” Yager said in an audio interview for NCBA’s Beltway Beef.
Yager says it is important for the WOTUS case to start in federal district courts so there are more opportunities for the issue to be heard.
A decision could happen as soon as 4-5 weeks if all the judges agree, but it is more likely to be finalized in January or February if there is dissent between the judges.
To hear more from Yager listen to the following interview: