IN RE U.S. DEPT. OF DEFENSE CLEAN WATER RULE

Nos. 15-3751, 15-3799, 15-3817, 15-3820, 15-3822, 15-3823, 15-3831, 15-3837, 15-3839, 15-3850, 15-3853, 15-3858, 15-3885, 15-3887, 15-3948, 15-4159, 15-4162, 15-4188, 15-4211, 15-4234, 15-4305, 15-4404.

817 F.3d 261 (2016)

In re UNITED STATES DEPARTMENT OF DEFENSE and UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FINAL RULE: CLEAN WATER RULE: DEFINITION OF "WATERS OF the UNITED STATES," 80 Fed.Reg. 37,054 (June 29, 2015). Murray Energy Corporation (15-3751); State of Ohio, et al. (15-3799); National Wildlife Federation (15-3817); Natural Resources Defense Council, Inc. (15-3820); State Of Oklahoma (15-3822); Chamber Of Commerce of the United States of America, et al. (15-3823); State of North Dakota, et al. (15-3831); Waterkeeper Alliance Inc., et al. (15-3837); Puget Soundkeeper Alliance, et al. (15-3839); American Farm Bureau Federation, et al. (15-3850); State of Texas, et al. (15-3853); Utility Water Act Group (15-3858); Southeastern Legal Foundation, Inc., et al. (15-3885); State of Georgia, et al. (15-3887); One Hundred Miles, et al. (15-3948); Southeast Stormwater Association, Inc., et al. (15-4159); Michigan Farm Bureau (15-4162); Washington Cattlemen's Association (15-4188); Association Of American Railroads, et al. (15-4211); Texas Alliance For Responsible Growth, Environment, And Transportation (15-4234); American Exploration & Mining Association (15-4305); Arizona Mining Association, et al. (15-4404), Petitioners, v. United States Department of Defense, Department of the Army Corps of Engineers And united States Environmental Protection Agency, et al., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 22, 2016.


Attorney(s) appearing for the Case

ARGUED: Eric E. Murphy , Office of the Ohio Attorney General, Columbus, Ohio, for Petitioners. Martha C. Mann , United States Department of Justice, Washington, D.C., for Respondents.

McKEAGUE, J., delivered the opinion in which GRIFFIN, J., joined in the result. GRIFFIN, J. (pp. 275-83), delivered a separate opinion concurring in the judgment. KEITH, J. (pp. 283-84), delivered a separate dissenting opinion.


OPINION

This multi-circuit case consists of numerous consolidated petitions challenging the validity of the "Clean Water Rule" recently published by the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency ("the Agencies"). The Clean Water Rule is intended to clarify the scope of "the waters of...

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