State of California v. Regan

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

Tab Group

Merits Stage

Northern District of California grants the government’s motion for remand and holds the plaintiffs’ request for vacatur of the “Navigable Waters Protection Rule” to be moot

September 16, 2021

Click here to view the order.

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.