State of Georgia v. Regina McCarthey

BY THE COURT:

On June 29, 2015, the Environmental Protection Agency and the Army Corps of Engineers jointly promulgated the Clean Water Rule, 80 Fed. Reg. 37054 (June 29, 2015), which defines the term “Waters of the United States” for purposes of the Clean Water Act, 33 U.S.C. § 1251 et seq. The next day, the plaintiffs in this case filed a complaint in the District Court for the Southern District of Georgia asserting that the rule is invalid and asking that it be vacated and that EPA and the Corps be enjoined from enforcing it. The plaintiffs later moved to preliminarily enjoin enforcement of…