STATE v. McCARTHY, CV 215-79. (2016)
Court: District Court, S.D. Georgia
Number: infdco20160823750
Visitors: 21
Filed: Aug. 22, 2016
Latest Update: Aug. 22, 2016
Summary: ORDER LISA GODBEY WOOD , Chief District Judge . On August 27, 2015, this Court denied Plaintiffs' Motion for Preliminary Injunction and concluded that 33 U.S.C. 1369(b) (1) gives the courts of appeals exclusive jurisdiction over certain challenges to the Clean Water Act, 33 U.S.C. 1251 et seq., such as the challenge in this case. Dkt. No. 77. The same parties are presenting the same claims to the Sixth Circuit Court of Appeals pursuant to an order of the Judicial Panel on Multidistr
Summary: ORDER LISA GODBEY WOOD , Chief District Judge . On August 27, 2015, this Court denied Plaintiffs' Motion for Preliminary Injunction and concluded that 33 U.S.C. 1369(b) (1) gives the courts of appeals exclusive jurisdiction over certain challenges to the Clean Water Act, 33 U.S.C. 1251 et seq., such as the challenge in this case. Dkt. No. 77. The same parties are presenting the same claims to the Sixth Circuit Court of Appeals pursuant to an order of the Judicial Panel on Multidistri..
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ORDER
LISA GODBEY WOOD, Chief District Judge.
On August 27, 2015, this Court denied Plaintiffs' Motion for Preliminary Injunction and concluded that 33 U.S.C. § 1369(b) (1) gives the courts of appeals exclusive jurisdiction over certain challenges to the Clean Water Act, 33 U.S.C. § 1251 et seq., such as the challenge in this case. Dkt. No. 77.
The same parties are presenting the same claims to the Sixth Circuit Court of Appeals pursuant to an order of the Judicial Panel on Multidistrict Litigation. See State of Georgia v. EPA, No. 15-3887. The Sixth Circuit held that 33 U.S.C. § 1369(b) (1) does indeed give courts of appeals exclusive original jurisdiction over challenges to the rule in question here. In re EPA & Dep't of Def. Final Rule, 817 F.3d 261 (6th Cir. 2016). Following the issuance of that order, the Eleventh Circuit of Appeals ordered any appeal of the present case held in abeyance pending resolution of the case by the Sixth Circuit. State of Georgia v. EPA, No. 15-13252 (11th Cir. Aug. 16, 2016). Consistent with that order, the present case in its entirety is likewise stayed pending further action by the courts of appeals.
SO ORDERED.
Source: Leagle
