Hoffman Homes, Inc. v. United States Environmental Protection Agency

No. 90-3810 (7th Cir. September 4, 1992)

On a motion for rehearing, the court vacates its prior decision, which invalidated the U.S. Environmental Protection Agency's regulation at 40 C.F.R. § 230.3(s)(3) defining intrastate, isolated wetlands as "waters of the United States" under the Federal Water Pollution Control Act. In addition to granting the motion for rehearing and vacating its prior decision, the court orders settlement negotiations between the parties.

[The court's prior decision is published at 22 ELR 21148.]

Counsel are listed at 22 ELR 21148.

[22 ELR 21547]

Manion, Wood, and Roszkowski, J.J.:

ORDER

The Court has considered the petition for rehearing and answer filed in this case.

It is ordered that the petition for rehearing is granted and this court's order and opinion of April 20, 1992 is vacated.

It is further ordered that this matter is referred to Donald J. Wall, Senior Staff Attorney for the United States Court of Appeals for the Seventh Circuit, for the purpose of conducting settlement negotiations between the parties pursuant to Rule 33 of the Federal Rules of Appellate Procedure and Circuit Rule 33.