US-CO | US District Court Issues Stay on New Navigable Waters Protection Rule

On June 19, 2020, the US District Court for the District of Colorado issued a stay of the new Navigable Waters Protection Rule. The stay only applies to regulated water bodies in Colorado.

The new Navigable Waters Protection Rule went into effect on June 22, 2020, replacing the Obama administration’s Waters of the United States (WOTUS) rule. It has largely been seen as decreasing the number of water bodies regulated by the Federal Clean Water Act (CWA).

The Court found that a stay of the new rule was necessary because the state of Colorado would suffer irreparable injury due to an increase in its enforcement burden. The court did not find that the rule would create direct environmental harm or create a permitting gap.

As a result of this decision, the rule is only stayed in Colorado while the state’s challenges are under review. On the same day, the US District Court for the Northern District of California rejected a nationwide stay of the rule.

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Sources:

Related Content:

EPA Adopts the Navigable Waters Protection Rule Redefining “Waters of the United States”

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