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Navajo Nation v. Regan

ELR Citation: 51 ELR 20182
Nos. 20-CV-602-MV/GJF, (D.N.M., 09/27/2021) (Vazquez, J.)

A district court granted EPA and the Army Corps of Engineers' motion to voluntarily remand the Navigable Waters Protection Rule, and granted the Navajo Nation's request that remand include vacatur. The court found the agencies' own findings demonstrated that "allowing the Rule to remain in place upon remand would set back achievement of the environmental protection required by the CWA," and that vacating the rule would effectively prevent, rather than cause, environmental harm. It therefore vacated and remanded the rule to EPA and the Corps for reconsideration.