GEORGIA EX. REL. OLENS v. McCARTHY

No. 15-14035-EE.

833 F.3d 1317 (2016)

State of GEORGIA, EX. REL. Samuel S. OLENS in his official capacity as Attorney General of Georgia, 40 Capitol Square, S.W., Atlanta, GA 30334, State of West Virginia, ex rel. Patrick Morrisey in his official capacity as Attorney General of West Virginia, State Capitol Building 1, Room E-26, Charleston, WI V 25305, State of Alabama, ex rel. Luther Strange in his official capacity as Attorney General of Alabama, 501 Washington Avenue, Montgomery, AL 36130 State of Florida, ex rel. Pamela Jo Bondi in her official capacity as Attorney General of Florida PL-01, The Capitol Tallahassee, FL 32399, State of Kansas, ex rel. Derek Schmidt in his official capacity as Attorney General of Kansas 120 SW 10th Ave., 2nd Floor, Topeka, KS 66612, Commonwealth of Kentucky, ex rel. Jack Conway in his official capacity as Attorney General of Kentucky, 700 Capitol Avenue, Suite 118, Frankfort, KY 40601, State of South Carolina, ex rel. Alan Wilson in his official capacity as Attorney General of South Carolina, 1000 Assembly Street, Room 519, Columbia, SC 29201, State of Utah, ex rel. In his official capacity as Attorney General of Utah, Utah State Capitol Complex, 350 North State Street, Suite 230, Salt Lake City, UT 84114, State of Wisconsin, ex rel. Brad D. Schimel in his official capacity as Attorney General of Wisconsin, 17 West Main Street, Madison, WI 53707, North Carolina Department of Environment and Natural Resources, 215 West Jones Street, Raleigh, NC 27603, State of Indiana, ex. rel. Gregory F. Zoeller, in his official capacity as Attorney General of Indiana, 302 West Washington Street, Indiana Government Center — South, Fifth Floor, Indianapolis, IN 46204, Plaintiffs-Appellants, v. Regina McCARTHY, in her official capacity as Administrator of the United States Environmental Protection Agency; and the United States Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460, Jo Ellen Darcy, in her official capacity as Assistant Secretary of the Army (Civil Works); and the United States Army Corps of Engineers, 441 G Street N.W., Washington, DC 20314, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, U.S. Army Corps Of Engineers, 441 G Street, NW, Washington, DC 20314, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Date Filed: August 16, 2016.


Attorney(s) appearing for the Case

Britt C. Grant , Timothy Allen Butler , James Doyle Coots , Samuel Scott Olens , Attorney General's Office, Atlanta, GA, Elbert Lin , Erica N. Peterson , Attorney General's Office, Charleston, WV, Andrew Lynn Brasher , Luther J. Strange, III , Alabama Attorney General's Office, Montgomery, AL, Jonathan L. Williams , Pam Bondi , Jonathan Alan Glogau , Attorney General's Office, Tallahassee, FL, Jeffrey A. Chanay , State of Kansas Attorney General's Office, Topeka, KS, Gregory T. Dutton , Assistant Attorney General, Office of the Attorney General, Consumer Protection, Criminal Appeals and Victims Advocacy, Joseph Anthony Newberg , Sean J. Riley , Office of the Attorney General, Frankfort, KY, James Emory Smith, Jr. , Office of the Attorney General, Columbia, SC, Misha Tseytlin , Wisconsin Department of Justice, Solicitor General, Madison, WI, Sam M. Hayes , NC Department of Environmental Quality, Raleigh, NC, Thomas Molnar Fisher , Office of the Attorney General, Indianapolis, IN, for Plaintiffs-Appellants.

Robert J. Lundman , Daniel Dertke , Amy J. Dona , Andrew J. Doyle , Martha Collins Mann , Jessica O'Donnell , Stephen Samuels , U.S. Department of Justice, Environment & Natural Res. Div., John David Gunter, II , U.S. Department of Justice, Appellate Section, Environment and Natural Resources Div., Washington, DC, R. Brian Tanner , J. Thomas Clarkson , Edward J. Tarver , U.S. Attorney's Office, Savannah, GA, for Defendants-Appellees.

Timothy S. Bishop , Mayer Brown, LLP, Chicago, IL, for Amicus Curiae American Farm Bureau Federation.

Richard A. Horder , Jennifer A. Simon , Kazmarek Mowrey Cloud & Laseter, LLP, Atlanta, GA, for Amicus Curiae Southeastern Legal Foundation, Inc.

Before: ED CARNES, Chief Judge, JILL PRYOR, Circuit Judge, and REEVES, District Judge.


BY THE COURT:

On June 29, 2015, the Environmental Protection Agency and the Army Corps of Engineers jointly promulgated the Clean Water Rule, 80 Fed. Reg. 37054 (June 29, 2015), which defines the term "Waters of the United States" for purposes of the Clean Water Act, 33 U.S.C. § 1251 et seq. The next day, the plaintiffs in this case filed a complaint in the District Court for the Southern District...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases