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Clean Water Rule

Oklahoma v. United States Environmental Protection Agency

ELR Case

The Tenth Circuit denied a motion to hold in abeyance a lawsuit concerning EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. It did decide, however, to consider whether to dismiss the case in light of the Trump...

Oregon Cattlemen's Association v. U.S. Environmental Protection Agency

ELR Case

In an unpublished opinion, the Ninth Circuit reversed the denial of an environmental group's motion to intervene in a lawsuit challenging EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The court found that the group...

Georgia v. Wheeler

ELR Case

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'...

Oklahoma v. United States Environmental Protection Agency

ELR Case

A district court denied Oklahoma's motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from enforcing their 2015 Clean Water Rule. The state sought to enjoin the 2015 Rule from being enforced until a final judgment...

Texas v. United States Environmental Protection Agency

ELR Case

A district court granted states' and industry groups' motion for summary judgment in a challenge to EPA's and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The states and groups argued that the final rulemaking violated the...

Ohio v. United States Environmental Protection Agency

ELR Case

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,...

83 FR 67174

ELR Federal Agency Update

H.R. 7194

ELR Congressional Update

Puget Soundkeeper Alliance v. Wheeler

ELR Case

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

ELR Case

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...