Petition of the day

The petition of the day is:

Issue: Whether the Sixth Circuit erred when it held that it has jurisdiction under 33 U.S.C. Section 1369(b)(1)(F), the portion of the Clean Water Act’s judicial review provision which requires that agency actions “in issuing or denying any permit” under Section 1342 be reviewed by the court of appeals, to decide petitions to review the waters of the United States rule, even though the rule does not “issu[e] or den[y] any permit” but instead defines the waters that fall within Clean Water Act jurisdiction.