In re: UNITED STATES DEPARTMENT OF DEFENSE v. United States Department of Defense, Department of the Army Corps of Engineers

NOT RECOMMENDED FOR PUBLICATION
File Name: 18a0100n.06
Case Nos. 15-3751, et al.
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
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.
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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

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Case No. 15-3751, et al.
In re: Dep’t of Defense and EPA Clean Water Rule
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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
____________________________________
Deborah S. Hunt, Clerk

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