ELR Citation: 51 ELR 20202
No(s). C 20-04636 WHA, C 20-04869 WHA, and C 20-06137 WHA (N.D. Cal. Dec 7, 2021) (Alsup, J.)

A district court denied states' and industry groups' motion to stay an order vacating and remanding EPA's 2020 Clean Water Act Section 401 Certification Rule, which had limited the ability of states and Native American tribes to regulate water pollution. The states and groups moved to stay the order pending their appeal. The court found that the intervenor defendants had not made a sufficiently strong showing of likelihood of success on the merits on appeal, and had made, at best, a marginal showing of irreparable harm. It further found a stay would substantially injure plaintiffs and did not align with the public interest. It therefore denied the motion to stay.