South Carolina Coastal Conservation League v. Regan

U.S. District Court for the District of South Carolina

Tab Group

Merits Stage

District court dismisses environmental groups’ challenge to the Navigable Waters Protection Rule, and remands to EPA without vacating the rule, so the rule can remain in effect while the Biden Administration considers next steps

July 15, 2021

Click here to view the order.

U.S. Chamber and coalition file response brief

June 28, 2021

The U.S. Chamber with a coalition filed a brief, as intervenors-defendants, (i) supporting the government’s motion for voluntary remand without vacatur of the Navigable Waters Protection Rule, or, in the alternative, (ii) seeking summary judgment upholding the Rule.

Case held in abeyance

March 2, 2021

Click here to view the order granting the motion to stay.

U.S. Chamber and business intervenors file reply in support of EPA’s Navigable Waters Protection Rule

October 19, 2020

Click here to view the reply brief.

U.S Chamber and sixteen other associations, as intervenors, move for summary judgment urging the District of South Carolina to reject environmental groups’ challenge to the Navigable Waters Protection Rule

August 24, 2020

Click here to view the motion.

W. Thomas Lavender, Jr. and Joan Wash Hartley of Nexsen Pruet, LLC, as well as Timothy S. Bishop, Colleen M. Campbell, and Brett E. Legner of Mayer Brown LLP, served as co-counsel for the business associations.

Case Documents

Intervenor Brief -- South Carolina Coastal Conservation League v. Wheeler (D.S.C.).pdf

Memorandum in Opposition to Plaintiffs' MSJ -- South Carolina Coastal Conservation League v. Wheeler (D.S.C.).pdf

Intervenor-Defendants' Reply iso Cross-Motion for Summary Judgment -- South Carolina Coastal Conservation League v. Wheeler (D.S.C.).pdf

U.S. D.S.C. Summary Judgment Reply iso Cross-Motion for Summary Judgment -- South Carolina Coastal Conservation League v. Wheeler (D.S.C.).pdf

Order Staying Proceedings -- South Carolina Coastal Conservation League v. Wheeler (D.S.C.).pdf

Intervenor-Defendants' Response Brief -- South Carolina Coastal Conservation League v. Regan (D.S.C.).pdf

Order Remanding Without Vacatur -- South Carolina Coastal Conservation League v. Wheeler (D.S.C.).pdf