News & Analysis as of

Preliminary Injunctions US Army Corps of Engineers

Foley Hoag LLP - Environmental Law

Woe is WOTUS

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

Perkins Coie

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

Perkins Coie on

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

Pillsbury - Gravel2Gavel Construction & Real...

Preliminary Injunction Issued Stalling Oil Pipeline Construction in Atchafalaya Basin

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

Pillsbury - Gravel2Gavel Construction & Real...

In the Wake of the NAM Decision, Eleventh Circuit Dismisses WOTUS Rule-Related Appeal

On January 24, the U.S. Court of Appeals for the Eleventh Circuit dismissed an appeal of a decision by the U.S. District Court for the Southern District of Georgia that denied a preliminary injunction that would have enjoined...more

Snell & Wilmer

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

Snell & Wilmer on

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

Nossaman LLP

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

Nossaman LLP on

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

Pillsbury - Gravel2Gavel Construction & Real...

Standing Rock Sioux Tribe’s Administrative Injunction Freezing Work on Dakota Access Oil Pipeline Dissolved

A few weeks ago, we noted that the U.S. District Court for the District of Columbia, in a decision reported on September 9, 2016, denied a motion for a preliminary injunction filed by the Standing Rock Sioux Reservation...more

Pillsbury - Gravel2Gavel Construction & Real...

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

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

Williams Mullen

Clean Water Rule Gets Doused

Williams Mullen on

In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more

Best Best & Krieger LLP

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

Best Best & Krieger LLP on

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

Maynard Nexsen

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

Maynard Nexsen on

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

Allen Matkins

California Environmental Law & Policy Update - October 2015 #2

Allen Matkins on

Environmental and Policy Focus - Nationwide stay of EPA/Army Corps "Waters of the U.S." rule issued by Sixth Circuit Court of Appeals: Allen Matkins - Oct 9: The Sixth Circuit Court of Appeals today issued a nationwide...more

Allen Matkins

Nationwide Stay of EPA/Army Corps "Waters of the U.S." Rule Issued By Sixth Circuit Court of Appeals

Allen Matkins on

The Sixth Circuit Court of Appeals today issued a nationwide temporary stay of the Clean Water Rule, which was jointly adopted earlier this year by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers...more

Foley Hoag LLP - Environmental Law

The Sixth Circuit Stays the Waters of the United States Rule: Just a Plain Vanilla Preliminary Injunction — Not!

On October 9, 2015, the Sixth Circuit Court of Appeals issued a nationwide stay against implementation of the “Waters of the United States” rule. The case is so weird, in so many ways, that I don’t even think I can count...more

Best Best & Krieger LLP

Federal Judge Halts Implementation of Waters of the United States Rule

Injunction Applies Only to 13 States That Are Parties to the Case On Thursday, U.S. District Judge Ralph Erickson in Fargo, N.D. issued a temporary injunction requested by North Dakota and 12 other states prohibiting the...more

Latham & Watkins LLP

Federal Judge Grants Preliminary Injunction Blocking the Obama Administration’s New Clean Water Rule From Taking Effect

Latham & Watkins LLP on

On August 27, 2015, the US District Court for the District of North Dakota issued a preliminary injunction against implementation of the Clean Water Rule (the Final Rule). The Final Rule defines Waters of the United States...more

Snell & Wilmer

Clean Water Rule Halted in Arizona and 12 Other States

Snell & Wilmer on

On August 27, the day before it was set to become final, a federal district court in North Dakota halted implementation of the United States Environmental Protection Agency’s (EPA) and Army Corps of Engineers’ “Waters of The...more

Allen Matkins

California Environmental Law & Policy Update - August 2015 #4

Allen Matkins on

Environmental and Policy Focus - Federal judge in South Dakota issues eleventh-hour order blocking implementation of EPA/COE’s new definition of 'waters of the United States': The Hill - Aug 27: A federal judge in North...more

Sheppard Mullin Richter & Hampton LLP

District Court Enjoins Federal Regulations Revising Scope of Clean Water Act Jurisdiction

North Dakota v. U.S. Environmental Protection Agency, No. 3:15-cv-00059 (D.N.D. Aug. 27, 2015) - A federal judge, Ralph R. Erickson, in North Dakota today granted several states’ request for a preliminary injunction to...more

Faegre Drinker Biddle & Reath LLP

Controversial Waters of the U.S. Rule Blocked in 13 States

The WOTUS rule is concerning to many industry sectors because it would significantly expand Clean Water Act (CWA) jurisdiction for the agencies. In particular, the rule would extend jurisdiction to broad definitions of...more

Beveridge & Diamond PC

WOTUS Litigation Update: Confusion Breeds Confusion

Beveridge & Diamond PC on

Perhaps it is poetic justice. The litigation over the final Waters of the United States (WOTUS) rule is as disjointed and confusing as the rule itself. Following a key court ruling yesterday, the WOTUS rule is now...more

Perkins Coie

Federal Court Stops Clean Water Act Rule from Going into Effect in 13 States

Perkins Coie on

On August 27, 2015, Chief Judge Ralph Erickson of the U.S. District Court for the District of North Dakota granted a preliminary injunction that stops EPA’s and the Army Corps of Engineers’ new rule defining federal...more

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