Legal Opinion
North Dakota v. U.S. Environmental Protection Agency
District Court, D. North Dakota
Decided August 27, 2015No. Civil No. 3:15-cv-59PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION
RALPH R. ERICKSON, Chief Judge.
I. Summary of Decision
Original jurisdiction is vested in this court and not the court of appeals because the “Clean Water Rule: Definition of Waters of the United States,” jointly promulgated by the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers, has at best only an attenuated connection to any permitting process. If the exceptionally expansive view advocated by the government is adopted, it would encompass virtually all EPA actions under the Clean Water…
2Cases cited20 opinions
- Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
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3Cited by15 opinions
- National Assn. of Mfrs. v. Department of DefenseSupreme Court of the United States · 2018
- Georgia v. PruittDistrict Court, S.D. Georgia · 2018
- Murray Energy Corp. v. United States Department of DefenseCourt of Appeals for the Sixth Circuit · 2016
- Wyoming v. United States Department of the InteriorDistrict Court, D. Wyoming · 2015
- Center for Environmental Law & Policy v. United States Fish & Wildlife ServiceDistrict Court, E.D. Washington · 2017
10 more not listed; retrieve them via the Exa API.