On Monday, April 3, the Supreme Court declined a request by the Trump Administration to delay consideration in the National Association of Manufacturers vs. the Department of Defense. This case is not specific to the merits of the Waters of the US (WOTUS) rule but instead addresses the issue of jurisdiction, specifically which courts should hear challenges to the Clean Water Act.
The Trump Administration requested a delay in consideration due to its recent executive order to the Environmental Protection Agency to proceed with rescinding and/or revising the Waters of the US (WOTUS) rule through the regulatory process.
Without further explanation, the Court issued a brief statement denying the request.
This does not mean that a ruling will be immediately forthcoming. The case will be scheduled for oral arguments in the term beginning in October and a decision would not be expected any earlier than the summer of 2018.
The final WOTUS rule remains on nationwide injunction, following the October 2015 action of the Sixth Circuit of the US Court of Appeals.