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NORTH DAKOTA v. U.S. E.P.A.

Civil No. 3:15-cv-59.

127 F.Supp.3d 1047 (2015)

States of NORTH DAKOTA, Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, South Dakota, and Wyoming; New Mexico Environment Department; and New Mexico State Engineer, Plaintiffs, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Regina McCarthy in her official capacity as Administrator of the U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, Jo Ellen Darcy in her official capacity as Assistant Secretary of the Army (Civil Works), Defendants.

United States District Court, D. North Dakota, Southeastern Division.

Signed August 27, 2015.

Attorney(s) appearing for the Case

Wayne K. Stenehjem , Jennifer L. Verleger , Margaret I. Olson , Attorney General's Office, Bismarck, ND, Paul M. Seby , Holland & Hart, LLP, Denver, CO, Ruth Hamilton Heese Alaska Dept. of Law, Juneau, AK John R. Lopez, IV , Arizona Attorney General's Office, Phoenix, AZ, Jamie L. Ewing , Arkansas Attorney General Little Rock, AR Frederick R. Yarger , Colorado Attorney General's Office, Denver, CO, Douglas M. Conde , Office of the Idaho Attorney General, Boise, ID, John A. Hirth , Missouri Attorney General's Office, Jefferson City, MO, Alan Joscelyn , Montana Attorney General, Helena, MT, Justin D. Lavene , Nebraska Attorney General's Office, Lincoln, NE, Lawrence Vandyke , Nevada Office of the Attorney General, Carson City, NV, Charles D. McGuigan , SD Attorney General's Office, Pierre, SD, Peter K. Michael , David Patrick Ross , James C. Kaste , Wyoming Attorney General's Office, Cheyenne, WY, Jeffrey Melvin Kendall , Kay Ramona Bonza , New Mexico Environment Department, Gregory Campbell Ridgley , Matthias L. Sayer , New Mexico Office of the State Engineer, Santa Fe, NM, for Plaintiffs.

Daniel R. Dertke , Kristofor R. Swanson , Martha C. Mann , Stacey M. Bosshardt , U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

I. SUMMARY OF DECISION

Original jurisdiction is vested in this court and not the court of appeals because the "Clean Water Rule: Definition of Waters of the United States," jointly promulgated by the U.S. Environmental...

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