Earlier this year we informed you of the new Clean Water Rule promulgated by the U.S. Environmental Protection Agency (USEPA), and the controversy created by the Rule’s definition of “waters” of the United States. (Click here for the earlier blog.) Several entities filed suit, challenging the validity of the Rule, and most of those suits were consolidated in the Sixth Circuit.
On October 9, 2015, the Sixth Circuit issued a nationwide stay barring implementation of this important Rule and its potentially far-reaching definitional changes: definitions that might directly impact your business or community. Before addressing the merits of the Rule, the Court must address whether it has jurisdiction over the matter; thus, clarification of the Rule and what will actually be implemented may be months off.
Ally Law member firms are experienced in water rights regulation and can advise on strategies for analyzing regulations impacting your business or city. For more information about our services in this area, contact us at firstname.lastname@example.org
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Article by Vorys, Sater, Seymour & Pease LLP.