• Mark Ryan

PLF Continues its Full-Court Press on WOTUS

On August 13, the ND of Cal. denied the Sackett's and business intervenors' motions to intervene in the states' challenge to the 2020 WOTUS rule. The court ruled that since it's an APA record review case, the intervenors' interests would be adequately represented by the government, and the intervenors are still free to submit amicus briefs. On August 14, the Sackett's appealed to the 9th Cir. The order and the Sackett's appeal are attached.

PLF is also litigating the WOTUS issue on behalf of the Sacketts in their case against the EPA in the 9th Cir., and PLF represents a couple of cattlemen groups in WOTUS litigation in Oregon and New Mexico. As I've written in the past, it's clear they want to get in front of SCOTUS as soon as possible, likely seeing a fifth vote for the adoption of the Scalia test.

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2020-8-18_Defendants' Brief in Support o
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