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.