It seems almost certain that state governments or industry groups — or both — will seek rehearing by the full Sixth Circuit, and it seems likely that the issue could go on to the U.S. Supreme Court. However the jurisdictional question is finally resolved, the parties — especially the plaintiffs—have a strong interest in achieving certainty that they are in the correct court before proceeding with the time-consuming and costly process of litigating the merits of the WOTUS rule.
Any petition for rehearing must be filed within 45 days. If the Sixth Circuit or the Supreme Court ultimately rule that the appellate court does not have jurisdiction, the various legal challenges will proceed in the federal district courts, the nationwide stay of the rule will end, and many of the plaintiffs presumably will ask those district courts for temporary relief from the WOTUS rule.
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