State Of Georgia et al v. McCarthy et al

Filing 107

ORDER: The Eleventh Circuit of Appeals ordered any appeal of the present case held in abeyance pending resolution of the case by the Sixth Circuit. State of Georgia v. EPA, No. 15-13252 (11th Cir. Aug. 16, 2016). Consistent with that order, the present case in its entirety is likewise stayed pending further action by the courts of appeals. Signed by Chief Judge Lisa G. Wood on 8/22/2016. (csr)

n the Unitieb Stateo flitritt Court
for the Soutbern 39totrttt of 4eorgta
JOrunowith Otbioton
STATE OF GEORGIA, et al.,

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Plaintiffs,

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V.

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GINA A. MCCARTHY, et al.,
Defendants.

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CV 215-79

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ORDER

On August 27, 2015, this Court denied Plaintiffs' Motion
for Preliminary Injunction and concluded that 33 U.S.C. §
1369(b) (1) gives the courts of appeals exclusive jurisdiction
over certain challenges to the Clean Water Act, 33 U.S.C. § 1251
et seq., such as the challenge in this case. Dkt. No. 77.
The same parties are presenting the same claims to the
Sixth Circuit Court of Appeals pursuant to an order of the
Judicial Panel on Multidistrict Litigation. See State of
Georgia v. EPA, No. 15-3887. The Sixth Circuit held that 33
U.S.C. § 1369(b) (1) does indeed give courts of appeals exclusive
original jurisdiction over challenges to the rule in question
here. In re EPA & Dep't of Def. Final Rule, 817 F.3d 261 (6th
Cir. 2016). Following the issuance of that order, the Eleventh

AO 72A
(Rev. 8182)

Circuit of Appeals ordered any appeal of the present case held
in abeyance pending resolution of the case by the Sixth Circuit.
State of Georgia v. EPA, No. 15-13252 (11th Cir. Aug. 16, 2016).
Consistent with that order, the present case in its entirety is
likewise stayed pending further action by the courts of appeals.

SO ORDERED, this 22ND day of August, 2016.

LISA GODBEY TkOOD, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev 8/82)

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