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Stephen Masciocchi and Jessica Smith Stephen Masciocchi and Jessica Smith

In State v. U.S. Environmental Protection Agency, 989 F.3d 874, 879 (10th Cir. 2021), the Tenth Circuit reversed the district court’s decision to enjoin implementation of the EPA’s and Army 10th Circuit SpotlightCorps of Engineer’s Navigable Waters Protection Rule (NWPR). At the district court, Colorado obtained a preliminary injunction against the NWPR’s implementation. On appeal, without reaching the merits of Colorado’s APA challenge, the circuit court held that Colorado had not shown sufficient irreparable injury and vacated the preliminary injunction.

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