waters of the United States
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...
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...
“Waters of the United States” and the Agricultural Production Sector: Sweeping Change or More of the Same?
EPA and the Corps’ promulgation of a new definition of “waters of the United States” under the CWA has prompted a fierce rhetorical and legal debate. EPA maintains that the agencies’ jurisdiction may actually be limited by the new...
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...
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