Absent review by the U.S. Supreme Court, the ruling theoretically clears the way for the Sixth Circuit to decide the merits of the numerous lawsuits challenging the rule. It is expected that the Environmental Protection Agency will promptly seek dismissal of all pending district court cases. However, two other courts of appeal—the Eleventh and the Tenth—have been asked to consider the same jurisdictional question in separate appeals. If either of those courts concludes that jurisdiction lies in the district courts, there will be a split among the circuits crying out for Supreme Court review of the question. Meanwhile, AFBF and the other litigants challenging the rule are deciding whether to seek Supreme Court review or proceed to the merits in the Sixth Circuit.
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