National Association of Manufacturers v. Department of Defense (U.S. Supreme Court)

The Clean Water Act grants the courts of appeals exclusive jurisdiction to review only certain actions by the Environmental Protection Agency. In 2015, EPA issued a regulation that purports to define the phrase “waters of the United States” and thus claims to define when the Clean Water Act applies and when it does not. In this case, we successfully challenged the Sixth Circuit’s decision that it had exclusive jurisdiction to hear challenges to the regulation. The U.S. Supreme Court ruled 9-0 in our favor and held that challenges to EPA’s regulation belong in the district courts and not the courts of appeals.


Petition for Certiorari

Reply Brief

Merits Brief

Reply Brief