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The Climate Litigation Database
Litigation

California v. Wheeler

Date
2020
Geography

About this case

Documents

Filing Date
Type
Action Taken
Document
Summary
09/16/2021
Decision
Motion for voluntary remand granted.
08/09/2021
Response
Response filed by state intervenors to defendants' motion for voluntary remand without vacatur.
08/09/2021
Opposition
Partial opposition filed by plaintiffs to defendants' motion for remand without vacatur.
08/06/2021
Amicus Motion/Brief
Amicus brief filed by business coalition in support of the agencies' motion to remand without vacatur.
07/16/2021
Motion
Motion for voluntary remand without vacatur filed by defendants.
04/16/2021
Decision
Case stayed for an additional 60 days and parties directed to file a status report at least seven days before the stay is set to expire.
04/15/2021
Opposition
Opposition filed by state intervenors to defendants' motion to continue stay.
04/13/2021
Response
Response filed by plaintiffs supporting extension of stay.
04/09/2021
Motion
Motion to continue stay filed by defendants.
04/08/2021
Status Report
Joint status report filed by parties.
02/17/2021
Decision
Stay and extension of deadlines granted.
The federal district court for the Northern District of California granted federal defendants’ motion for a 60-day stay and to continue deadlines in the case challenging the Trump administration’s rule defining “waters of the United States” under the Clean Water Act. States that had intervened to defend the rule opposed the stay and continuance of the deadlines.
02/16/2021
Opposition
Opposition filed by state intervenors to defendants' motion for an enlargement of time/stay of proceedings.
02/11/2021
Response
Response filed by plaintiffs to defendants' motion for enlargement of time/stay of proceedings.
02/10/2021
Motion
Motion for an enlargement of time/stay of proceedings filed by defendants.
06/19/2020
Decision
Motion for preliminary injunction or for order staying effective date denied.
05/18/2020
Motion
Motion for a preliminary injunction or stay filed.
05/01/2020
Complaint
Complaint filed.
A lawsuit filed by 17 states, the District of Columbia, and New York to challenge EPA’s new definition of “waters of the United States” (WOTUS) raised issues related to climate change. The complaint asserted that the final rule’s “typical year” requirement—which the rule uses to define when tributaries, lakes, ponds, and impoundments are jurisdictional waters—did not take into account future changes due to climate change to the extent that the definition of typical year was based on “a rolling average of past data.”

Summary

Challenge to the Trump administration's amendments to the Clean Water Act's definition of "waters of the United States."