ELR Citation: 52 ELR 20043
No(s). 21A539 (U.S. Apr 6, 2022)

The U.S. Supreme Court, 5-4, granted states' and industry groups' application for an emergency stay of a district court ruling that had vacated the 2020 Clean Water Act 401 Certification Rule. In a dissenting opinion, Justice Kagan asserted the states and groups had failed to show they would suffer irreparable harm absent the stay, by failing to cite to a single project that the ruling threatened, or was likely to threaten, pending appeal, and by failing to show that a later implementation of the reinstated rule would be incapable of countering whatever state overreach might occur. Kagan, J., filed a dissenting opinion, in which Roberts, C.J., and Breyer and Sotomayor, JJ., joined.