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

INDICATIVE RULING

16 In light of the Supreme Court’s stay pending appeal of a prior order that vacated EPA’s Clean Water Act certification rule upon remand, plaintiffs seek an “indicative ruling” that would clear the way for conclusive merits briefing on the validity of the rule in the district court. Because plaintiffs have not demonstrated extraordinary circumstances, the motion is DENIED. Under Section 401 of the Clean Water Act, a federal agency may not issue a permit or license to an applicant that seeks to conduct any activity that may result in any discharge into the navigable waters of the United States unless the state (or other certifying entity) where the discharge would originate issues a water quality certification or waives the…