On Monday, June 22, 2020, the Trump Administration's contested Navigable Waters Protection Rule (the "Rule") defining the scope of federally jurisdictional "waters of the United States," took effect in every state except Colorado. Last Friday, a California federal judge refused a request submitted by a coalition of 17 states and cities to block implementation of the Rule nationwide. Nearly simultaneously, however, a federal judge in Colorado issued a preliminary injunction blocking the Rule only in the state of Colorado. The Rule remains highly controversial and the subject of various lawsuits filed throughout the country, challenging its validity and enforceability. More details on the Rule are discussed in our prior posts:
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On April 21, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published the Navigable Waters Protection Rule (the “Rule”) in the Federal Register.