National Association of Manufacturers v. Department of Defense, 583 U.S. ___ (2018), is a United States Supreme Court case.[1] At issue is which court will hear cases that define the term Waters of the United States for the purpose of rule making, to the exclusion of the states.[2] The case is the successor to North Dakota v. EPA, among others.
| National Association of Manufacturers v. Department of Defense | |
|---|---|
 | |
| Argued October 11, 2017 Decided January 22, 2018 | |
| Full case name | National Association of Manufacturers, Petitioner v. Department of Defense, et al. |
| Docket no. | 16-299 |
| Citations | 583 U.S. ___ (more) 138 S. Ct. 617; 199 L. Ed. 2d 501 |
| Case history | |
| Prior | Murray Energy Corp. v. Department of Defense, 817 F.3d 261 (6th Cir. 2016); cert. granted, 137 S. Ct. 811 (2017). |
| Court membership | |
| |
| Case opinion | |
| Majority | Sotomayor, joined by unanimous |
| Laws applied | |
| Clean Water Act | |
Facts and prior history
editThe United States Army Corps of Engineers and the Environmental Protection Agency engaged in rule making to define Waters of the United States for the purpose of promulgating other environmental rules. The State of North Dakota, joined by other states, challenged the definition. The states won an injunction which was subsequently challenged in the Sixth Circuit Court of Appeals. This case will settle the matter of jurisdiction.
The Court heard oral arguments on October 11, 2017.
Opinion of the Court
editThe Court issued an opinion on January 22, 2018.[3] Associate Justice Sonia Sotomayor authored the unanimous opinion of the Court.
References
edit- ^ "Petition" (PDF). Supreme Court of the United States. Retrieved September 21, 2017.
- ^ Cama, Timothy (January 13, 2017). "Supreme Court to hear case concerning Obama water rule". The Hill. Retrieved September 22, 2017.
- ^ https://www.supremecourt.gov/opinions/17pdf/16-299_8nk0.pdf [bare URL PDF]
External links
edit- Complaint, vol. No. 17-476
{{citation}}:|volume=has extra text (help) - Text of National Association of Manufacturers v. Department of Defense, 583 U.S. ___ (2018) is available from: Justia Oyez (oral argument audio) Supreme Court (slip opinion)