National Association of Manufacturers v. Department of Defense

{{Use mdy dates|date=June 2017}}

{{Infobox SCOTUS case

|Litigants=National Association of Manufacturers v. Department of Defense

|ArgueDate=October 11

|ArgueYear=2017

|DecideDate=January 22

|DecideYear=2018

|FullName=National Association of Manufacturers, Petitioner v. Department of Defense, et al.

|USVol=583

|USPage=___

|ParallelCitations=138 S. Ct. 617; 199 L. Ed. 2d 501

|Docket=16-299

|OralArgument=

|OralReargument =

|OpinionAnnouncement =

|Prior=Murray Energy Corp. v. Department of Defense, 817 F.3d [https://www.leagle.com/decision/infco20160222101 261] (6th Cir. 2016); cert. granted, 137 S. Ct. 811 (2017).

|Subsequent=

|Holding=

|Majority=Sotomayor

|JoinMajority=unanimous

|LawsApplied=Clean Water Act

}}

National Association of Manufacturers v. Department of Defense, 583 U.S. ___ (2018), is a United States Supreme Court case.{{cite web|title=Petition|url=http://www.scotusblog.com/wp-content/uploads/2016/09/16-299-cert-petition.pdf|publisher=Supreme Court of the United States|access-date=21 September 2017}} 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.{{cite news|last1=Cama|first1=Timothy|title=Supreme Court to hear case concerning Obama water rule|url=https://thehill.com/policy/energy-environment/314243-supreme-court-to-hear-case-concerning-obama-water-rule/|access-date=22 September 2017|work=The Hill|date=Jan 13, 2017}} The case is the successor to North Dakota v. EPA, among others.

Facts and prior history

The 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

The Court issued an opinion on January 22, 2018.https://www.supremecourt.gov/opinions/17pdf/16-299_8nk0.pdf {{Bare URL PDF|date=March 2022}} Associate Justice Sonia Sotomayor authored the unanimous opinion of the Court.

References

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