Opinion
Case No. 15-3751
02-28-2018
In re: UNITED STATES DEPARTMENT OF DEFENSE AND UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FINAL RULE: CLEAN WATER RULE: DEFINITION OF "WATERS OF THE UNITED STATES," 80 Fed. Reg. 37,054 (June 29, 2015), MURRAY ENERGY CORPORATION, et al., Petitioners, v. UNITED STATES DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY CORPS OF ENGINEERS; and UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents.
NOT RECOMMENDED FOR PUBLICATION
File Name: 18a0100n.06
ORDER OF DISMISSAL
BEFORE: KEITH, McKEAGUE and GRIFFIN, Circuit Judges.
These consolidated actions challenging the validity of the "Clean Water Rule," 80 Fed. Reg. 37,054 (June 29, 2015), having been transferred to this court by the Judicial Panel on Multi-District Litigation; and
This court having issued its jurisdictional ruling on February 22, 2016, holding that plaintiffs' challenges are subject to direct review in this court, 817 F.3d 261; and
The Supreme Court having granted certiorari and having on January 22, 2018, reversed the majority jurisdictional ruling and remanded the matter to this court with instructions to dismiss for lack of jurisdiction, Nat'l Ass'n of Mfrs. v. Dep't of Defense, 138 S. Ct. 617 (2018); and
The Supreme Court having issued its final judgment on February 23, 2018; now therefore,
IT IS HEREBY ORDERED that this court's order of stay dated October 9, 2015, staying the Clean Water Rule nationwide, see 803 F.3d 804, is VACATED; and
IT IS FURTHER ORDERED that all petitioners' challenges to the Clean Water Rule consolidated in this action are hereby DISMISSED for lack of jurisdiction.
ENTERED BY ORDER OF THE COURT
/s/ _________
Deborah S. Hunt, Clerk