Ohio v. United States Environmental Protection Agency, No. 19-3500 (6th Cir. 2020)Annotate this Case
Ohio and Tennessee filed suit in 2015 to enjoin the Clean Water Rule, which purported to interpret the phrase “waters of the United States,” as used in the Clean Water Act, 33 U.S.C. 1362(7), and, in 2018, sought a preliminary injunction against the Rule’s enforcement within their borders. In a 2018 Rule, the EPA and the Army Corps of Engineers suspended enforcement of the 2015 Rule; the Agencies gave notice of their intent to repeal (rather than merely suspend) the 2015 Rule. In 2019, the court denied the states’ motion with respect to the 2015 Rule on the ground that, suspended or not, the states had not shown a likelihood of imminent, irreparable harm. The Agencies formally repealed the 2015 rule. In 2020 they replaced the 2015 Rule with the “Navigable Waters Protection Rule.”
The Sixth Circuit dismissed the states’ appeal as moot. Since the district court’s decision, the Agencies have repealed and replaced the rule that the states sought preliminarily to enjoin. The Agencies have already provided the states with relief; a preliminary injunction against the 2015 Rule’s enforcement in Ohio and Tennessee would lack any practical effect. There is no reasonable possibility that the 2015 Rule will again become effective in Ohio or Tennessee while this case remains pending.