The NAM Is Arguing a Supreme Court Case on Wednesday: Here’s a Quick Explanation

By October 10, 2017Shopfloor Main

The U.S. Supreme Court will hear arguments in National Association of Manufacturers vs. Department of Defense at 10:00 a.m. on Wednesday morning. Though not the first time the NAM has been involved in Supreme Court litigation, this is the first time that the NAM has had its name headlining a case.

Tomorrow’s arguments, while related to the controversial “Waters of the United States” (WOTUS) rule, will not decide its fate. Instead, the NAM is urging the Supreme Court to answer a question: what is the proper jurisdiction for legal challenges to the WOTUS rule?

The NAM believes that district courts, not appellate courts, have jurisdiction over challenges to WOTUS. But whatever the answer, the NAM is looking for the Supreme Court to provide clarity so that manufacturers challenging Environmental Protection Agency actions can avoid a chaotic and duplicative litigation process that causes delay and is a tremendous waste of time and money.

As the NAM’s petition last year put it, “this garbled state of affairs is intolerable.” The legal fight over the WOTUS rule highlights how complex the legal maze can be for manufacturers.

The NAM fights for manufacturers wherever it can, whether before Congress or the courts. Read more about the case from SCOTUSblog here and here or see the NAM’s press release.

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Leland Frost

Associate General Counsel at National Association of Manufacturers
Leland Frost is the Associate General Counsel at the National Association of Manufacturers (NAM). As part of the Manufacturers' Center for Legal Action, Mr. Frost works to strengthen the NAM's ability to promote manufacturing policy objectives through litigation. Mr. Frost's background includes international, environmental and corporate law experience and work on a wide range of policy and regulatory issues.
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