Aurora Energy Servs., LLC v. Alaska Cmty. Action on Toxics

摘要

Federal appeals court will stay implementation of rule issued by U.S. Army Corps of Engineers and Environmental Protection Agency defining jurisdiction under Clean Water Act, because: (1) states did not unduly delay in challenging rule and status quo is pre-rule jurisdictional regime; (2) even though court's subject matter jurisdiction to review rule challenge has been disputed, court has authority to preserve existing conditions pending considerations of court jurisdiction; (3) states demonstrated substantial possibility of success on merits of their challenge; and (4) even though there is no compelling showing of immediate irreparable harm, breadth of burdens and impacts of rule indicate that stay is appropriate.