Definition of "waters of the United States, " 80 Fed. Reg. 37, 054 (June 29, 2015), Murray Energy Corp. v. U.S. Dep't of Def., Dep't of the Army Corps of Eng'rs

Deborah S. Hunt, Clerk

NOT RECOMMENDED FOR PUBLICATION
File Name: 18a0100n.06

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