The Supreme Court on Monday denied the Trump administration's request to place a hold on litigation over former President Barack Obama's Waters of the U.S. rule so it can begin repealing it.
The high court denied the administration's request without explanation.
The Justice Department wanted the high court to hold off on hearing a case, National Association of Manufacturers v. Department of Defense et al, on the Environmental Protection Agency's water rule until it had time to review the regulation on its own, "paving the way for the elimination of this very destructive and horrible rule," President Trump said.
Trump signed an executive order in February directing the EPA to begin the process of rolling back the regulation. A lower court had placed a hold on the rule last year, but the manufacturers group wanted the Supreme Court to suss out if the 6th Circuit Court of Appeals in Cincinnati has the jurisdiction to continue the stay.
The manufacturers and other industry groups want the fate of the rule to be decided at the local district court level. Whatever decision the Supreme Court makes on jurisdiction eventually will affect the path of litigation over Trump's water rule decision.
The water regulation expands EPA and Army Corps of Engineers jurisdiction over waterways as small as watering holes and ditches, making its harder for farmers, ranchers, developers and energy companies to conduct business, critics say.
The administration also is asking the D.C. Circuit Court of Appeals to hold litigation in abeyance over the Clean Power Plan until it has time to review the regulation.
The power plan was stayed by the Supreme Court last year. The plan is the centerpiece of Obama's climate agenda. Trump issued an executive order last week that seeks to eliminate most of Obama's environmental executive actions covering climate change and greenhouse gas emissions.