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Oct 13, 2015

Sixth Circuit Court of Appeals Stays the Waters of the United States Rule

On October 9, the Sixth Circuit Court of Appeals stayed the U.S. Environmental Protection Agency/Corps of Engineers Waters of the United States Rule.   That rule reportedly would expand Clean Water Act permitting, enforcement, testing and other requirements to a new group of ditches; buffers to rivers, streams, and wetlands; floodplains, and other areas.   The Sixth Circuit held that the group challenging the rule – which included a number of state and local governments including Georgia, Florida, Tennessee, Mississippi, and Alabama – has a “substantial possibility” of prevailing on the merits, specifically regarding two new buffer thresholds added to the rule just… Read more