Tenth Circuit Allows Colorado Water Jurisdiction Case to Proceed

March 1, 2021, 10:42 PM

A federal appeals court handed the Environmental Protection Agency a setback Monday when it refused the agency’s request to stay a Colorado water jurisdiction case.

The U.S. Court of Appeals for the Tenth Circuit denied the agency’s motion without an explanation. The EPA made the request in State of Colorado v. EPA on Feb. 2, after the Biden administration took office.

The case grapples with whether a lower court overstepped when it blocked implementation of the Trump administration’s Navigable Waters Protection Rule in Colorado. The rule is in effect in all other states.

The National Mining Association, which intervened in ...

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