On October 9, 2015, the
U.S. Court of Appeals for the Sixth Circuit granted
a motion to stay the nationwide enforcement of the Clean Water Rule adopted by
the U.S. Army Corps of Engineers and the Environmental Protection
Administration. The application of the Clean Water Rule will remain suspended pending
further review by the court.
On July 29, 2015, the
Judicial Panel on Multidistrict Litigation issued an order consolidating the
petitions for review of the Clean Water Rule filed by eighteen states within
the U.S. Court of Appeals for the Sixth Circuit. The states challenged the
validity of the rule alleging that expanding the scope of “Waters of the United
States” subject to federal control would unlawfully supersede state laws
vesting jurisdiction over state land and water resources beyond the limits
established under the Clean Water Act.
The eighteen states
involved in this litigation are Ohio, Michigan, Tennessee, Oklahoma, Texas,
Louisiana, Mississippi, Georgia, West Virginia, Alabama, Florida, Indiana,
Kansas, Kentucky, North Carolina, South Carolina, Utah and Wisconsin.
Further information on this
case is available at docket no. 15-3799.
In August 2015, another
group of states led by North Dakota filed a motion for preliminary injunction
before the U.S. District Court for the District of North Dakota seeking an
order enjoining the EPA from implementing the Clean Water Rule. This motion was
granted in the same month.
Further information on
this case is available at docket no. 3:15-cv-00059.
Written by Chloe Marie - Research Fellow
10/12/2015
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