Description: Challenge to the Trump administration's amendments to the Clean Water Act's definition of "waters of the United States."
California v. Wheeler
Filing Date Type File Action Taken Summary 09/16/2021 Order Download Motion for voluntary remand granted. 08/09/2021 Opposition Download Partial opposition filed by plaintiffs to defendants' motion for remand without vacatur. 08/09/2021 Response Download Response filed by state intervenors to defendants' motion for voluntary remand without vacatur. 08/06/2021 Amicus Brief Download Amicus brief filed by business coalition in support of the agencies' motion to remand without vacatur. 04/16/2021 Order Download Case stayed for an additional 60 days and parties directed to file a status report at least seven days before the stay is set to expire. 04/15/2021 Opposition Download Opposition filed by state intervenors to defendants' motion to continue stay. 04/13/2021 Response Download Response filed by plaintiffs supporting extension of stay. 04/09/2021 Motion Download Motion to continue stay filed by defendants. 04/08/2021 Status Report Download Joint status report filed by parties. 02/17/2021 Order Download Stay and extension of deadlines granted. The federal district court for the Northern District of California granted federal defendants’ motion for a 60-day stay and to continue deadlines in the case challenging the Trump administration’s rule defining “waters of the United States” under the Clean Water Act. States that had intervened to defend the rule opposed the stay and continuance of the deadlines. 02/16/2021 Opposition Download Opposition filed by state intervenors to defendants' motion for an enlargement of time/stay of proceedings. 02/11/2021 Response Download Response filed by plaintiffs to defendants' motion for enlargement of time/stay of proceedings. 02/10/2021 Motion Download Motion for an enlargement of time/stay of proceedings filed by defendants. 06/19/2020 Order Download Motion for preliminary injunction or for order staying effective date denied. 05/18/2020 Motion Download Motion for a preliminary injunction or stay filed. 05/01/2020 Complaint Download Complaint filed. WOTUS Rule Challenge Raised Climate Change Concerns. A lawsuit filed by 17 states, the District of Columbia, and New York to challenge EPA’s new definition of “waters of the United States” (WOTUS) raised issues related to climate change. The complaint asserted that the final rule’s “typical year” requirement—which the rule uses to define when tributaries, lakes, ponds, and impoundments are jurisdictional waters—did not take into account future changes due to climate change to the extent that the definition of typical year was based on “a rolling average of past data.”