Wheeler

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 STATE OF CALIFORNIA, et al., 10 Case No. 20-cv-03005-RS Plaintiffs, 11 v. ORDER DENYING MOTION FOR 12 PRELIMINARY RELIEF ANDREW WHEELER, et al., 13 Defendants. 14

15 16 I. INTRODUCTION 17 This case is a challenge to a new rule that will substantially narrow the definition of what 18 are “waters of the United States” subject to federal regulation under the Clean Water Act. 19 Plaintiffs seek a court order preventing the new rule from taking effect, pending a determination 20 on the merits of the case. Plaintiffs point to significant irreparable harms that will occur before the 21 litigation is resolved, if the rule is legally invalid but allowed to go into operation now. Were the 22 court tasked with the question of whether the new rule represents wise environmental policy or the 23 best approach to protecting water resources that could be supported by scientific data, the result 24 might be different. The court’s…