Case Updates
Court of appeals grants agencies’ unopposed motion to hold appeal in abeyance until the defendant agencies issue a new Waters of the United States Rule
July 03, 2023
Click here to view the order.
Defendant agencies request that court of appeals hold the U.S. Chamber coalition plaintiffs’ appeal in abeyance until the agencies issue a new Waters of the United States Rule
June 30, 2023
Click here to view the motion. Plaintiffs agree not to oppose the request at this time, provided, among other conditions, that the abeyance not affect the current injunction pending appeal entered on May 10, 2023.
Sixth Circuit grants injunction pending appeal in U.S. Chamber’s challenge against the new “phase 1” Waters of the United States Rule
May 10, 2023
Click here to view the order.
U.S. Chamber coalition files reply in support of motion for injunction pending appeal from district court’s decision denying motion for preliminary injunction and dismissing case challenging Biden Administration’s “phase 1” Waters of the United States Rule
May 05, 2023
Click here to view the reply.
Sixth Circuit enters clarified order entering administrative stay that temporarily precludes enforcement
April 22, 2023
Click here to view the clarified order entering administrative stay that temporarily precludes enforcement of Biden Administration’s “phase 1” Waters of the United States Rule inside the Commonwealth of Kentucky; against the Commonwealth of Kentucky; and against the Chamber and other private-sector plaintiffs in the litigation and their members.
Sixth Circuit enters administrative stay of enforcement of Biden Administration’s “phase 1” Waters of the United States Rule to preserve status quo and allow court to give reasoned consideration to motions for injunction pending appeal
April 20, 2023
Click here to view the order.
U.S. Chamber coalition files motion for injunction pending appeal from district court’s decision denying motion for preliminary injunction and dismissing case challenging Biden Administration’s “phase 1” Waters of the United States Rule
April 19, 2023
Click here to view the motion.
Case Documents
- Motion for Injunction Pending Appeal -- Kentucky v. EPA (Sixth Circuit).pdf
- Administrative Stay Order -- Kentucky v. EPA (Sixth Circuit).pdf
- Clarified Administrative Stay Order -- Kentucky v. EPA (Sixth Circuit).pdf
- Reply ISO Motion for Injunction Pending Appeal -- Kentucky v. EPA (Sixth Circuit)
- Order -- Kentucky v. EPA (Sixth Circuit)
- DOJ Motion Seeking Abeyance -- Kentucky v. EPA (Sixth Circuit)
- Order Granting Abeyance -- Kentucky v. EPA (Sixth Circuit)