March 01, 2016

Multidistrict Transfer and Consolidation—WOTUS Cases

Brooks Smith, Justin Wong, and Buck Dixon

Practitioners of environmental law may be familiar with the Judicial Panel on Multidistrict Litigation (JPML or Panel) from their experiences with environmental torts, where the consolidation and transfer of multiple cases to a single judicial district is not uncommon. See, e.g., In re Oil Spill by the Oil Rig “DeepWater Horizon” 731 F. Supp. 2d 1352 (J.P.M.L. 2010). In the environmental context, consolidation is also common for petitions for review of agency actions filed in the federal courts of appeals. See 28 U.S.C. § 2112(a)(3) (requiring designation of one court of appeals where multiple petitions for review are filed).

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