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Texas v. United States Environmental Protection Agency

ELR Citation: 48 ELR 20161
Nos. 3:15-CV-00162, (S.D. Tex., 09/12/2018) (Hanks, J.)

A district court granted Texas' motion to preliminarily enjoin the 2015 Clean Water Rule in Louisiana, Mississippi, and Texas. The state argued that implementing the rule would require it to spend significant time and taxpayer resources attempting to determine how the U.S. Army Corps of Engineers will interpret and implement the rule, as well as cause a reduction in production of oil and gas resources and make it harder for agricultural producers to operate their businesses. The court found that the rule's effectiveness must be enjoined to avoid the harmful effects of a truncated implementation until a permanent decision regarding its constitutionality can be made. Determining what is, and what is not, a navigable water under the CWA is an important task, and one that the court is unwilling to do without full discovery and briefing on the matter. The court therefore enjoined the rule.