This morning the U.S. Court of Appeals for the Sixth Circuit released a nationwide Order of Stay against implementation of the “Waters of the U.S.” Rule. The stay is an expansion of the preliminary injunction issued in August by theU.S. District Court in North Dakota, in a separate suit, that applied to North Dakota and 12 other states involved in the suit. The Court of Appeals for the Sixth Circuit's decision expands the injunction to cover every state. While the Court felt the 18 states in the suit did not face immediate irreparable harm from the rule, they also did not feel there was evidence that the nation's waters would suffer "imminent injury" should the implementation of the rule be delayed. For opponents of the "Waters of the U.S." Rule, this decision is not only immediate good news but in their judgment Judges McKeague and Griffin felt the case against the EPA's definition of the limitations of the new rule and their rule making process was strong. The majority also noted concerns over the ripple effects of this rule despite acknowledging the need for an updated clarification of the jurisdiction of the Clean Water Act.
To read the Order click here.