The Sixth Circuit today issued an
order staying the applicability of the EPA and Army Corps'
recently promulgated Clean Water Rule. The stay applies
nationwide.
A coalition of private parties, industry groups, and more than
30 states challenged the Rule asserting that it unlawfully expanded
the jurisdictional reach of the Clean Water Act. A coalition of
state petitioners asked the Court to enter a stay with the Court
today concluding that a stay was appropriate because, among other
things, there was a likelihood that the petitioners would succeed
on the merits.
The Court found that maintaining the status quo which existed
prior to the enactment of the Rule would best protect the
court's ability to adjudicate the matter and protect the
petitioners from enforcement of a Rule that could be overturned.
Significantly, the Court found that the petitioners "have
demonstrated a substantial possibility of success on the merits of
their claims." Specifically, the Court
