Waterkeeper Alliance, Inc. et al v. Pruitt et al

Filing 84

ORDER by Judge Richard Seeborg Denying 74 Motion for Summary Judgment without Prejudice. (clS, COURT STAFF) (Filed on 9/25/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WATERKEEPER ALLIANCE, INC., et al.,

Case No. 18-cv-03521-RS

Plaintiffs,
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United States District Court
Northern District of California

v.
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E. SCOTT PRUITT, et al.,

ORDER DENYING MOTION FOR
SUMMARY JUDGMENT WITHOUT
PREJUDICE

Defendants.
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Plaintiffs filed this action to challenge a 2015 regulation that revised certain regulatory

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provisions relating to the definition of “waters of the United States” under the Clean Water Act.

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(“the 2015 Rule”). Briefing on plaintiffs’ motion for summary judgment with respect to the 2015

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rule was previously stayed in view of the adoption of the so-called “Repeal Rule” and then the

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“2020 Rule.” Plaintiffs have stated an intent to file a supplemental complaint challenging the 2020

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Rule and/or the Repeal Rule but have not yet done so. In light of these circumstances, plaintiffs’

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summary judgment motion with respect to the 2015 Rule is denied without prejudice to its renewal

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if and when the 2015 Rule were to become operative again.

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IT IS SO ORDERED.

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Dated: September 25, 2020
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RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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<< SHORT ORDER TITLE >>
CASE NO. 18-cv-03521-RS

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