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North Dakota v. U.S. Environmental Protection Agency

ELR Citation: 46 ELR 20096
Nos. 3:15-cv-59, (D.N.D., 05/24/2016) (Erickson, J.)

A district court stayed further proceedings in litigation challenging EPA's "waters of the United States" (WOTUS) rule pending any further decision by the U.S. Court of Appeals for the Sixth Circuit or the U.S. Supreme Court. Numerous challenges throughout the country have been levied against the final rule, and various cases pending on the circuit level were consolidated to the Sixth Circuit. Subsequently, the Sixth Circuit ruled that the courts of appeals have exclusive jurisdiction to hear the challenges to the WOTUS rule. As such, it is unclear whether the district court continues to retain jurisdiction over any of the claims alleged in the underlying litigation. But it is certain that anything going forward in the district court may be duplicative of the proceedings in the Sixth Circuit. The district court therefore issued the stay.