ELR Citation: 50 ELR 20186
No(s). 19-3500 (6th Cir. Aug 5, 2020)

The Sixth Circuit dismissed as moot a lawsuit seeking to preliminarily enjoin EPA's 2015 Clean Water Rule that clarified the definition of "waters of the United States" under the CWA. Ohio and Tennessee challenged the validity of the rule, arguing it extended the scope of the CWA beyond the reach of the statute's language and attempted to extend federal authority beyond the limits established under the U.S. Constitution. The district court found that while the states correctly indicated the Clean Water Rule was effective within their boundaries due to an enjoinder of the Agency's subsequent rule that suspended the Clean Water Rule, they failed to demonstrate they would suffer imminent and irreparable harm absent an injunction. It thus denied their motion for a preliminary injunction. On appeal, the court found that issuing a preliminary injunction against the rule's enforcement lacked any practical effect upon the rights asserted by the states because EPA had since repealed and replaced the very rule the states sought to enjoin. It therefore dismissed the states' appeal as moot, remanded to the district court for further proceedings, and vacated the district court's order denying the states' motion for a preliminary injunction.