South Carolina Coastal Conservation League et al v. Wheeler et al

Filing 147

ORDER granting 140 Motion to Remand without Vacatur to US Environmental Protection Agency and U.S. Army Corps of Engineers. It is ordered that the Navigable Waters Protection Rule: Definition of Waters of the United States, 85 Fed. Reg. 22,250 (Apr. 21, 2020) is remanded without vacatur. All other pending motions are hereby denied as moot and this action is dismissed. Signed by Honorable Bruce Howe Hendricks on 7/15/2021.(vdru, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
SOUTH CAROLINA COASTAL
CONSERVATION LEAGUE, et al.,

)
)
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Plaintiffs,
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)
v.
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)
1 in his official
MICHAEL REGAN,
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capacity as Administrator of the U.S.
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Environmental Protection Agency, et al.,
)
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Defendants,
)
)
AMERICAN FARM BUREAU
)
FEDERATION, et al.,
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Intervenor-Defendants. )
___________________________________ )

Case No. 2:20-cv-01687-BHH

ORDER
Having considered Defendants’ Motion for Voluntary Remand Without Vacatur
(ECF No. 140) and the parties’ responses thereto, the Court hereby GRANTS the Motion.
Accordingly, the Navigable Waters Protection Rule: Definition of “Waters of the United
States,” 85 Fed. Reg. 22,250 (Apr. 21, 2020) is remanded without vacatur. All other
pending motions are hereby denied as moot and this action is dismissed.
IT IS SO ORDERED.
/s/Bruce Howe Hendricks
United States District Judge
July 14, 2021
Charleston, South Carolina
EPA Administrator Michael Regan is automatically substituted for Andrew Wheeler pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure.
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