Court Halts Implementation of "Waters of the U.S." Rule
Last week, the U.S. Court of Appeals for the 6th Circuit in Cincinnati issued a temporary nationwide stay of the U.S. Environmental Protection Agency's and U.S. Army Corps of Engineer's Clean Water Rule (also known as the "Waters of the U.S." rule). In a 2-1 split decision, the court questioned not only the substantive nature of the rule, but also the rulemaking process. The decision puts a temporary hold on implementation of the rule while the litigation against the rule proceeds.
There remains some uncertainty about whether the 6th Circuit Court has the authority under the Clean Water Act make such a ruling.
Following a preliminary injunction of the rule in the 13 states that was issued by a U.S. District Court judge in North Dakota, the rule had been in effect in 37 states since Aug. 28.