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Clean Water Act › Environmental Protection Agency (EPA) › Preliminary Injunctions

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Nossaman LLP

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

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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

Nossaman LLP

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

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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

Nossaman LLP

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

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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

Mintz

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...

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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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

Pillsbury - Gravel2Gavel Construction & Real...

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

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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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

Foley Hoag LLP - Environmental Law

Woe is WOTUS

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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

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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

Snell & Wilmer

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

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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

Best Best & Krieger LLP

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

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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'...

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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

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

Best Best & Krieger LLP

Federal Judge Halts Implementation of Waters of the United States Rule

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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

Snell & Wilmer

Homebuilders Welcome Recent Court Decisions

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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

Snell & Wilmer

Clean Water Rule Halted in Arizona and 12 Other States

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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

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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

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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

Maynard Nexsen

EARL e-News: Update on New Clean Water Act Rule - Updates on Environmental, Administrative and Regulatory Law

Maynard Nexsen on

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

Beveridge & Diamond PC

WOTUS Litigation Update: Confusion Breeds Confusion

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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

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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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