October 22, 2021

Volume XI, Number 295

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October 22, 2021

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October 21, 2021

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October 20, 2021

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Waters of the U.S. Rule is Stayed Nationwide

We announced in a previous post that a North Dakota federal court stayed the effectiveness of the WOTUS rule on Thursday, August 27, 20015.  North Dakota v. U.S. E.P.A., No. 3:15-cv-59 (D.N.D. Aug. 27, 2015).  This stay applied only in the states that were parties to the North Dakota case, leaving the rule in effect for the rest of the country.

Since that time, the Judicial Panel for Multi-District Litigation transferred a number of actions challenging the WOTUS rule to the U.S. Court of Appeals for the Sixth Circuit and consolidated them.  On Friday, October 9, 2015, the Sixth Circuit stayed the effectiveness of EPA’s final “Waters of the U.S.” (WOTUS) Rule stating “[a] stay temporarily silences the whirlwind of confusion that springs from uncertainty about the requirements of the new Rule and whether they will survive legal testing.”

© 2021 Schiff Hardin LLPNational Law Review, Volume V, Number 282
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About this Author

Amy Antoniolli Environmental Attorney Schiff Hardin
Counsel

Amy Antoniolli is an environmental lawyer with broad experience in administrative and enforcement-related issues. She advises clients on compliance with the Clean Air Act, Clean Water Act, RCRA, CERCLA, and the Illinois Environmental Protection Act. She also works on property remediation projects pursued under state and federal cleanup programs. She advises renewable energy clients as well, reviewing siting and operating requirements for wind and waste to energy facilities.

An amiable yet no-nonsense counselor, Amy puts her prior experience to work for her clients. A former adviser...

312-258-5550
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