Partner John Sheehan was quoted in Law360's article, "Years Of Uncertainty Ahead After Waters Of US Ruling" on January 23, 2018.
"The U.S. Supreme Court’s ruling that district courts have jurisdiction to hear challenges to any rule defining “waters of the United States” means lawsuits seeking clarity on the phrase will likely take years to percolate back up to the high court, leaving permit applicants, public interest groups and attorneys to grapple over how it should be interpreted in the meantime.
The Monday decision was a blow to the U.S. Environmental Protection Agency and Army Corps of Engineers, which had argued that challenges to the 2015 Clean Water Rule belonged in appeals courts where the review process would be simpler and faster. But the decision was a win for rule challengers that preferred to start at the district courts and work their way up."
To read the entire Law360 article, click here.