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Definitions, §502

Georgia v. Wheeler

A district court granted a motion for summary judgment in a challenge to EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. States and industry groups argued the rule violated the CWA by extending the agencies'...

Ohio v. United States Environmental Protection Agency

A district court denied Ohio's and Tennessee's motion to preliminarily enjoin EPA's 2015 Clean Water Rule that clarified the definition of "waters of the United States" under the CWA. The states challenged the validity of the rule,...

Puget Soundkeeper Alliance v. Wheeler

A district court vacated nationwide the Applicability Date Rule, which suspended the effect of the Clean Water Rule until February 2020 and required agencies in the interim to apply the pre-Clean Water Rule definition of "waters of the...

North Dakota v. U.S. Environmental Protection Agency

A North Dakota district court enjoined in Iowa the 2015 Clean Water Rule, which clarifies the definition of "waters of the United States" that are protected under the CWA. The governor of Iowa sought an order from the court expressly...

Georgia v. Pruitt

A district court granted 11 states' motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule, also known as the WOTUS rule or Clean Water Rule. The states...

New York v. Pruitt

A district court denied the U.S. government's request to transfer to the Southern District of Texas two cases challenging the Trump Administration's delay of the Clean Water Rule. One lawsuit was brought by the state of New York, and...

Murray Energy Corp. v. United States Department of Defense

The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical analysis may be included in the record. Petitioners...

North Dakota v. U.S. Environmental Protection Agency

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...

Murray Energy Corp. v. United States Department of Defense

The Sixth Circuit held that it has jurisdiction to hear numerous lawsuits challenging EPA's and the U.S. Army Corps of Engineers' "waters of the United States" (WOTUS) rule. The rule went into effect on August 28, 2015, but on October 9...

Environmental Protection Agency

The Sixth Circuit issued a nationwide stay enjoining the "waters of the United States" rule pending the court's determination as to whether it has subject matter jurisdiction to review the rule. The court held that the petitioning...