Clean Water Act, Preliminary Injunctions

Wastewater Plant/Subdivision: Faulkner County Circuit Court Action Filed Alleging Prospective Nuisance/Trespass Associated with...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/22/2024

The James Howard Mize and Patricia Dean Mize Joint Revocable Trust (“Trust”) filed in the Circuit Court of Faulkner County, Arkansas on August 19th a Complaint against the following two corporations and one individual: ...more

“Waters of the United States” Rule Update

Roetzel & Andress on 4/25/2023

On April 12, a federal judge in North Dakota blocked implementation of the Biden Administration’s “Waters of the United States” Rule in 24 states. As we mentioned in last month’s client update, the Biden Administration’s...more

Waters of the United States/Clean Water Act: United States District Judge (District of North Dakota) Enjoins Enforcement of Rule...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/17/2023

United States District Judge Daniel L. Hovland (District of North Dakota) issued an April 12th Order granting plaintiffs’ Motion for Preliminary Injunction (“Order”) addressing a challenge to a final rule issued by the United...more

Federal Court Enjoins Biden Administration’s WOTUS Rule in 24 States

Nossaman LLP on 4/14/2023

On April 12, 2023, the U.S. District Court for the District of North Dakota issued a preliminary injunction blocking the Biden administration’s Waters of the United States (WOTUS) rule in twenty-four states (the case is West...more

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

Nossaman LLP on 4/12/2023

UPDATE: On April 6, 2023, in an expected move, President Biden vetoed the Congressional Review Act joint-resolution that attempted to undo his administration’s WOTUS rule. The president maintained his administration’s rule...more

U.S. Senate Passes Joint Resolution of Disapproval to Overturn Biden Administration “Waters of the U.S.” Rule in Bipartisan Effort

Downey Brand LLP on 3/31/2023

In the ever-evolving world of what constitutes a “waters of the United States” (WOTUS) for purposes of Clean Water Act applicability and regulation, on March 29, 2023, the United States Senate passed Senator Shelley Moore...more

Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

Nossaman LLP on 3/28/2023

On March 19, 2023, the U.S. District Court for the Southern District of Texas issued a preliminary injunction to temporarily halt the enactment of the Biden administration’s new waters of the United States (WOTUS) rule within...more

EPA's eighth attempt to define the reach of the Federal Clean Water Act will be the law in no more than 48 of the 50 states (so...

Mintz on 3/20/2023

Like I said at the beginning of the month, most of us have seen this sad movie before so it is no surprise that EPA's eighth attempt to define the reach of the Federal Clean Water Act will be the law in no more than 48 of the...more

NPDES Permitting/Clean Water Act: Arkansas Department of Energy & Environment - Division of Environmental Quality and U.S....

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/28/2022

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief in the United States District Court...more

A Court-Side Seat: SCOTUS Further Clarifies Alien Tort Statute; Revisiting WOTUS

Pillsbury - Gravel2Gavel Construction & Real... on 6/23/2021

What follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided. THE U.S. SUPREME COURT - Article II, Section 2 of the Constitution vests the President, with the advice...more

Waters of the United States Rule/Clean Water Act: U.S. District Court (Colorado) Judge Enjoins June 22nd Effective Date for the...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/24/2020

United States District Court (District of Colorado) Judge William J. Martinez issued a June 19th Order granting the State of Colorado’s (“Colorado”) request for a preliminary injunction of the June 22nd effective date of the...more

Woe is WOTUS

Foley Hoag LLP - Environmental Law on 6/5/2019

When the Supreme Court decided that the district courts had jurisdiction over challenges to the Obama administration WOTUS rule, I described it as a victory of the “give me a break” doctrine of statutory interpretation over...more

EPA Delays Applicability of Clean Water Rule While Challenges to Rule Proceed in District Courts

Perkins Coie on 4/5/2018

As reported in our prior Update, in a decision issued on January 22, the U.S. Supreme Court ruled in National Association of Manufacturers v. Department of Defense, 138 S. Ct. 617, that challenges to the Obama...more

Preliminary Injunction Issued Stalling Oil Pipeline Construction in Atchafalaya Basin

Pillsbury - Gravel2Gavel Construction & Real... on 3/8/2018

On February 27, the U.S. District Court for the Middle District of Louisiana granted a motion for a preliminary injunction filed by a group of environmental plaintiffs seeking to halt the construction of an oil pipeline in...more

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

Snell & Wilmer on 11/21/2017

Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...more

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

Nossaman LLP on 3/20/2017

On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann...more

District Court Rejects Petition for Preliminary Injunction to Stop Dakota Access Pipeline, Triggering Forceful Response by Federal...

Pillsbury - Gravel2Gavel Construction & Real... on 9/15/2016

On September 9, the U.S. District Court for the District of Columbia denied a motion for a Preliminary Injunction against the U.S. Army Corps of Engineers to stop the construction of the Dakota Access Pipeline, a pipeline...more

Sixth Circuit Issues Nationwide Stay of EPA Waters of the United States Regulation

Best Best & Krieger LLP on 10/19/2015

The Stay Follows A Preliminary Injunction Issued Against the Clean Water Rule in August - In an unexpected move and while still deciding if it has jurisdiction to hear the matter, the Sixth Circuit Court of Appeals today...more

Updates on Environmental, Administrative and Regulatory Law: EARL e-News: Sixth Circuit Stays New 'Waters of the United States'...

Maynard Nexsen on 10/13/2015

On October 9th, the U.S. Court of Appeals for the Sixth Circuit issued a nationwide stay precluding implementation of controversial new rules issued by the Environmental Protection Agency (EPA) and the U.S. Army Corps of...more

Clean Water Act › Preliminary Injunctions