ELR Citation: 54 ELR 20142
No(s). 19-cv-2416 (TSC) (D.D.C. Oct 8, 2024) (Chutkan, J.)

A district court denied USDA's motion to alter judgment in a lawsuit challenging the Natural Resources Conservation Service's (NRCS') 2020 final rule concerning pre-1996 wetland certifications. An environmental group had challenged the rule, arguing it violated the APA, the ESA, and NEPA. The court held the rule violated the APA because NRCS changed its policy without providing a reasoned explanation, vacated the rule, and remanded to NRCS. USDA moved to alter the judgment, asking the court to remand without vacatur to minimize disruption to the agency and the community while NRCS issues a new rule. The court found USDA would not suffer manifest injustice if the rule were vacated pending remand, did not demonstrate that disruptive consequences would flow from vacatur, and should have raised its challenge to vacatur at the summary judgment stage. It denied the motion.