In re Clean Water Act Rulemaking
Opinion
Trial Court Opinion
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 RE RENEWED MOTION
TO REMAND WITHOUT VACATUR
16 Our court of appeals sent this case back on an open record for reconsideration of the EPA’s motion to remand without vacatur. It noted that a district court has “broad discretion” to deny a voluntary remand and proceed to decide the merits “if the risk of harm from indefinitely leaving an allegedly unlawful rule in place outweighs considerations of judicial and administrative efficiency.” In re Clean Water Act Rulemaking, 60 F.4th 583, 596 (9th Cir. 2023). Prior orders requested briefing to assist the undersigned in making this determination (Dkt. Nos. 216, 218, 220, 221). Upon review of the briefing, this order finds that the risk of harm does not outweigh the efficiency considerations here for the following reasons. …