In re Clean Water Act Rulemaking

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

In re No. C 20-04636 WHA No. C 20-04869 WHA CLEAN WATER ACT No. C 20-06137 WHA

RULEMAKING.

This Document Relates to: (Consolidated)

ALL ACTIONS. ORDER DENYING MOTION FOR

STAY PENDING APPEAL

INTRODUCTION Intervenor defendants move for a stay of the order vacating and remanding EPA’s Clean Water Act Section 401 certification rule pending appeal. Intervenors’ arguments on the merits and irreparable harm provide lukewarm support for a stay. On the other side, a stay would substantially injure plaintiffs and does not align with the public interest. The motion is DENIED. STATEMENT The previous order at issue here describes our facts (Dkt. No. 173). In brief, Congress enacted the Federal Water Pollution Control Act Amendments of 1972, commonly referred to as the Clean Water Act, with the express goal “to restore and maintain the chemical, physical, …