State of California v. Regan

U.S. District Court for the Northern District of California

Tab Group

Merits Stage

U.S. Chamber files coalition amicus brief supporting the government’s motion for remand without vacatur of the “Navigable Waters Protection Rule,” so that the Rule would remain in effect while the EPA considers promulgating a new rule

July 30, 2021

Click here to view the coalition amicus brief. C. Mitchell Hendy, Timothy S. Bishop, Brett E. Legner, and Colleen M. Campbell of Mayer Brown LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

The U.S. Chamber has intervened or participated as an amicus in several similar suits.

Northern District of California rejects business and industry groups’ efforts to intervene

August 13, 2020

The U.S. District Court for the Northern District of California rejected business and industry groups’ efforts to intervene to help defend the Navigable Waters Protection Rule (replacement definition of WOTUS), holding that the groups’ interests are adequately represented by the government, but inviting them to participate as amici. The U.S. Chamber was among the entities moving to intervene.

Norther District of California denies motion for preliminary injunction by California and 16 other states and cities against the Navigable Waters Protection Rule

June 19, 2020

Click here to view the order.

U.S. Chamber and business associations file opposition to plaintiffs’ motion for a preliminary injunction or stay

June 1, 2020

Click here to view the brief.

U.S. Chamber and business associations move to intervene in defense of the “Navigable Waters Protection Rule” defining “Waters of the United States” under the Clean Water Act

May 26, 2020

Click here to view the motion to intervene. C. Mitchell Hendy of Mayer Brown LLP served as co-counsel for the coalition of business intervenors.

Case Documents

Complaint -- California v. Wheeler (N.D. Cal.).pdf

Motion to Intervene -- California v. Wheeler (N.D. Cal.).pdf

Business Intervenors' Answer to Complaint -- California v. Wheeler (N.D. Cal.).pdf

Business Intervenors' Proposed Opposition to Plaintiffs Motion for a PI or Stay -- California v. Wheeler (N.D. Cal.).pdf

Plaintiffs' Reply iso Motion for Preliminary Injunction or Stay -- California v. Wheeler (N.D. Cal.).pdf

Reply iso Business Intervenors' Motion to Intervene as Defendants -- California v. Wheeler (N.D. Cal.).pdf

Order Denying Preliminary Injunction -- California v. Wheeler (N.D. Cal.).pdf

Order Denying Motion to Intervene -- California v. Wheeler (N.D. Cal.).pdf

U.S. Chamber Coalition Amicus Brief -- State of California v. Regan (N.D. Cal.).pdf