Legal Opinion

Ohio v. United States Army Corps of Engineers

Court of Appeals for the Sixth Circuit

Decided October 9, 2015No. 15-3799, 15-3887, 15-3822, 15-3853PublishedCited by 22 opinions

1Opinion of the Court

McKEAGUE, J., delivered the order of the court in which GRIFFIN, J., joined. KEITH, J. (pg. 809), delivered a separate dissent.

ORDER OF STAY

McKEAGUE, Circuit Judge.

Petitioners in these four actions, transferred to and consolidated in this court by the Judicial Panel on Multi-District Litigation for handling as a multi-circuit case, represent eighteen states1 who challenge the validity of a Final Rule adopted by respondents U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency, “the Clean Water Rule.” 80 Fed.Reg. 37,054 (June 29, 2015). The Clean Water Rule clarifies the…

2Cases cited9 opinions

  1. Nken v. HolderSupreme Court of the United States · 2009
  2. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  3. United States v. Riverside Bayview Homes, Inc.Supreme Court of the United States · 1985
  4. Solid Waste Agency of Northern Cook County v. United States Army Corps of EngineersSupreme Court of the United States · 2001
  5. Rapanos v. United StatesSupreme Court of the United States · 2006

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3Cited by22 opinions

  1. U.S. Army Corps of Eng'rs v. Hawkes Co.Supreme Court of the United States · 2016
  2. National Assn. of Mfrs. v. Department of DefenseSupreme Court of the United States · 2018
  3. Catskill Mountains Chapter of Trout Unlimited, Inc. v. United States Environmental Protection AgencyCourt of Appeals for the Second Circuit · 2017
  4. Friends of the Santa Clara v. US Army Corps of EngineersCourt of Appeals for the Ninth Circuit · 2018
  5. State of Georgia v. Regina McCartheyCourt of Appeals for the Eleventh Circuit · 2016

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