The decision now requires the cases to proceed in separate district courts.
WOTUS was temporarily blocked from becoming effective earlier this month by the 6th U.S. Circuit Court of Appeals Court until it is decided whether any challenges will be heard at federal appeals or district court level.
The rule, originally scheduled to come into effect on August 28th, 2015, may now be blocked for several more weeks.
Please also consult last week’s article: Update: WOTUS Rule Blocked Nationwide by Federal Sixth Circuit Court [US].
Red-on-line EHS Legalist
Sources:Order Denying Consolidation, Judicial Panel on Multidistrict Litigation, October 13th, 2015. WOTUS Rule
Our EHS experts are at your disposal and will be happy to answer your questions.
We invite you to subscribe to our newsletter.