State of West Virginia, et al. v. U.S. Environmental Protection Agency, et al. and Chickaloon Village Traditional Council, et al.

Publication Year

The U.S. Court of Appeals for the Eighth Circuit issued an order holding in abeyance the U.S. government’s appeal of the U.S. District Court for the District of North Dakota’s order granting a preliminary injunction against the Environmental Protection Agency’s final rule defining “waters of the United States” (WOTUS). The order comes after the EPA’s announcement that it would be revising the WOTUS regulations to comply with a recent U.S. Supreme Court ruling limiting the EPA’s ability to regulate wetlands under the Clean Water Act.

[To accompany Case Law Update "Eighth Circuit Holds WOTUS Case in Abeyance Pending Post-Sackett Regulatory Revisions” from Brooks Animal Law Digest Issue No. 199]