H2-OWOW! – A Reflective Conversation with John Goodin, Former Director of EPA’s Office of Wetlands, Oceans, and Watersheds – Reflections on Water Podcast
Reflections on Sackett - Reflections on Water Podcast
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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
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
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: 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Arizona homebuilders will welcome with open arms two recent legal rulings of substantial impact to their industry. In the first decision, on July 28, 2015, in Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199, the Arizona...more
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
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
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
On August 27, 2015, a federal District Court Judge in North Dakota issued a preliminary injunction blocking the implementation of the newly promulgated “Waters of the U.S. rule (WOTUS) (one day before the rule was to take...more