July 21, 2015

PLF challenge to Corps and EPA water rule heats up

By M. Reed Hopper Senior Attorney

When we filed our complaint challenging the Corps and EPA’s extreme redefinition of “waters of the United States” subject to federal control under the Clean Water Act, we noted that more suits would be filed.  So far, at least 10 suits have been filed, including 68 plaintiffs across the Nation.  We represent 9 of those plaintiffs in Washington Cattlemen’s Association, et al. v. U.S. Environmental Protection Agency, et al., in the Minnesota Federal District Court.  Also, among those plaintiffs are 30 states which shows how much local opposition there is to this feckless federal power grab.

Today, 11 states filed a motion for preliminary injunction in the Southern District of Georgia.  The court has scheduled a hearing on that motion for August 12.  If successful, the Court could enjoin the Corps and EPA from enforcing the new rule until the litigation is completed.

Also, today, the government filed a motion to stay these lawsuits so that they can be consolidated in a single court for resolution.  This motion will no doubt be granted and we can expect our case to be joined with the others in a district court selected by a federal panel.

Check back for further developments.

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