TEXAS v. UNITED STATES ENVTL. PROTECTION AGENCY

No. 3:23-cv-17.

662 F.Supp.3d 739 (2023)

State of TEXAS, et al., Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants.

United States District Court, S.D. Texas, Galveston Division.

Signed March 19, 2023.


Attorney(s) appearing for the Case

Henry Carl Myers , Jessica Amber Ahmed , Logan Harrell , Pro Hac Vice, Mark Andrew Steinbach , Office of the Attorney General, General Litigation Division, Austin, TX, for Plaintiffs State of Texas, Railroad Commission of Texas, Texas Department of Agriculture, Texas General Land Office, Texas Department of Transportation.

Henry Carl Myers , Jessica Amber Ahmed , Logan Harrell , Pro Hac Vice, Office of the Attorney General, General Litigation Division, Austin, TX, for Plaintiff Texas Commission on Environmental Quality.

Brett E. Legner , Pro Hac Vice, Timothy S. Bishop , Pro Hac Vice, Mayer Brown LLP, Chicago, IL, James Brian Danford, Jr. , Mayer Brown LLP, Houston, TX, Kevin Scott Ranlett , Houston, TX, for Plaintiffs American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Leading Builders of America, Matagorda County Farm Bureau, National Association of Home Builders, National Association of REALTORS, National Cattlemens Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, Public Lands Council, Texas Farm Bureau, U.S. Poultry and Egg Association, National Apartment Association.

David M.S. Dewhirst , Pro Hac Vice, Joshua N. Turner , Pro Hac Vice, Lincoln Davis Wilson , Pro Hac Vice, Idaho Attorney General's Office Idaho Attorney General's Office, Boise, ID, for Plaintiff State of Idaho.

Andrew J. Doyle , Pro Hac Vice, United States Department of Justice, Environment & Natural R. San Francisco Field Office, San Francisco, CA, Hubert T. Lee , Pro Hac Vice, Sarah Izfar , Pro Hac Vice, U.S. Department of Justice, Washington, DC, Elliot Warren Higgins , Pro Hac Vice, U.S. Dept. of Justice, Environment and Natural Resources Division, Washington, DC, Sonya J. Shea , Pro Hac Vice, U.S. Department of Justice, Denver, CO, for Defendants.


MEMORANDUM OPINION AND ORDER GRANTING PRELIMINARY INJUNCTION

A federal rule revising the definition of "waters of the United States" under the Clean Water Act, 33 U.S.C. § 1251 et seq., will take effect on March 20, 2023. Revised Definition of "Waters of the United States...

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